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september 2001

Supreme Court of India · 2001-09-03

GRAMOPHONE CO. OF INDIA LTD. vs MARS RECORDING PVT.LTD.

Citation / case number
SC 1999/20512
Court
Supreme Court of India
Petitioner
GRAMOPHONE CO. OF INDIA LTD.
Respondent
MARS RECORDING PVT.LTD.
Bench
S.R.BABU, S.V.PATIL

Judgment text excerpt

The Supreme Court upheld the decision of the High Court affirming the Trial Court's ruling that the respondent complied with Section 52(1)(j) of the Copyright Act, 1957 by issuing a notice of intention to record sound cassettes and paying the requisite royalties. The Court clarified that if the copyright owner does not respond within 15 days, consent is deemed granted, allowing the respondent to produce the cassettes without infringing copyright. The Court emphasized that the respondent's recording was independent and distinct from the appellant's copyright, thus not constituting an infringement.

GRAMOPHONE CO. OF INDIA LTD. vs MARS RECORDING PVT.LTD. · Niyam