Distinction Between Literary And Dramatic Works And The Application Of Section 52 Of Copyright Act: An Analysis Of Academy Of General Edu., Manipal And Ors. V. B. Malini Mallya AIR 2009 SC 198
Ishita Goel, Symbiosis Law School, NOIDA Symbiosis International (Deemed University)
ABSTRACT
In, Academy of General Edu., Manipal and ors. v. B. Malini Mallya AIR 2009 SC 198 the supreme court ordered that even dramatic literature exists, dramatic works cannot be similar to literary works. They ordered that mere application of skill, labour, and intellect is the object for ‘originality’ in holding a copyright. But it has to be distinct and not a replica of the same.
The facts were that one Dr. Karanth had developed a new form of dance ‘Yaksha Ragna’ including 7 written ‘parasangs’ which is a more creative and dramatic form of ‘Yakshagana’, a form of ballet dance. Before his death in 1997 he had transferred all his literary work and residual belonging to the Respondent by executing a registered will.
The Appellants, the institute where Dr. Karanth was a director performed the dance in New Delhi in his memory in 2001, for which the respondent claimed infringement and injunction. The Court by a series of definition of dramatic works came to the conclusion that dramatic works are built upon the texts of the literary work, they become a part of the dramatic literature but the form of ‘dance’ cannot be called a ‘literary work.’ They further announced that one can take the shelter of exemption under section 52 of the copyright act that protects institutions from infringement within the ambit of research and education.
Keywords: Copyright Act, 1957 ; Literary Works ; Dramatic Works ; Yakshagana ; Fair dealing.
