Question
Gramophone Company of India Limited the plaintiff, entered into an agreement with Shanti Films Corporation, a film producer. According to the agreement the copyright in
Gramophone Company of India Limited the plaintiff, entered into an agreement with Shanti Films Corporation, a film producer. According to the agreement the copyright in the soundtrack of a film produced by the Shanti Film Corporation (Defendant) was assigned by it to the plaintiff. The plaintiff by the agreement got the exclusive right to produce records, tapes etc. of the film and sold the copies thereof. However, it was found that Shanti Film Corporation has been selling the copies of the soundtrack and of the films. Hence, the plaintiff filed a suit against defendant for permanent injunction against the infringement of the copy right and also filed an application for temporary injunction. The plaintiff claimed that the agreement prima -facie reveals that there is an assignment of copyright of the soundtrack in its favour. There are no restrictions to use the copyright. Therefore, the publication of soundtrack of the film in question or reproduction of records without its authority, will prima facie be infringement of copyright. However, the defendant denied the claim stating that it is their own production and hence, no one can stop them for reproduction.
Answer the following questions based on above facts:
1. On the basis of above facts solve the following question:
Copyright is a beneficial interest in property in the actual or constructive ------ of the owner there of. The right to copy and distribute ----------- such material may be transferred or assigned to any other party with certain returns called as --- The intention of the parties whether it was an assignment of a grant of permission to use in the normal course, be gathered from the writing itself and the words used therein.
1. Movable
2. Royalty
3. Commercially
4. Possession
a. 1,4,3,2
b. 1,2,3,4
c. 4,3,2,1
d. 2,4,1,3
2. Which of the following is "Intellectual Property" as per IPR laws in india?
a. Original Literary Work
b. Industrial design of Volkswagen Polo
c. Trademark of Tata Company
d. All of the above
3. A singer wishes to assign the rights to reproduce a video she has made for her concert...
a. Copy Rights
b. Trade Mark
c. Patent
d. Geographical Indications
4. In most countries, how long does copyright last for?
a. 10 years after creation of the work
b. 50 years after creation of the work
c. 10 years after the death of the person who created that work
d. 50 years after the death of the person who created that work
5. Symbol of Maharaja of Air India is
a. Copyright
b. Patent
c. Trademark
d. All of the above
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