Case Law On Ip Law Enforcement And Copyright Protection
⚖️ Introduction
Intellectual Property (IP) covers:
Copyright – protection of literary, artistic, and musical works
Trademarks – protection of brand identity
Patents – protection of inventions
Designs – protection of industrial designs
Copyright protection specifically safeguards original works of authorship, giving the creator the exclusive right to reproduce, distribute, perform, or adapt their work.
IP enforcement includes:
Civil actions (injunctions, damages, account of profits)
Criminal prosecution for piracy, counterfeiting, and infringement
Administrative enforcement (seizure of infringing goods)
🧾 Case Law Analysis
1. University of London Press Ltd v. University Tutorial Press Ltd (1916, UK)
Facts: University Tutorial Press published study notes copying material from University of London exam papers.
Held: Court held that exam papers constituted “literary works” under copyright law. Copying without permission amounted to infringement.
Principle:
Originality in expression, not idea, is protected.
Copyright protects even educational or scholarly works.
Impact: Early case establishing the scope of literary work protection.
2. Alfred Bell & Co. v. Catalda Fine Arts (1951, USA)
Facts: Catalda Fine Arts reproduced lithographs originally made by Alfred Bell & Co. without authorization.
Held: Court granted injunction and damages for copyright infringement.
Principle:
Exclusive rights include reproduction and distribution.
Copying substantial parts of a work constitutes infringement, even if slight variations exist.
Impact: Reinforced protection of artistic works and enforcement of reproduction rights.
3. Indian Performing Right Society Ltd v. Sanjay Dalia (2003, India)
Facts: Music played in public spaces without licensing from IP owners.
Held: Court held that public performance without authorization is infringement under Copyright Act, 1957.
Principle:
Performing rights are separate from reproduction rights.
Licensing is mandatory for commercial public use.
Impact: Strengthened enforcement of copyright in the music industry.
4. Eastern Book Company v. D.B. Modak (2008, India)
Facts: Defendant reproduced judgments and case summaries from the Eastern Book Company database without permission.
Held: Supreme Court held that databases and compilations of judgments are protected as “literary works”.
Principle:
Substantial labor and skill in compilation are protected.
“Sweat of the brow” doctrine recognizes effort in compiling data.
Impact: Expanded copyright to digital databases and compilations.
5. Authors Guild v. Google Inc. (2015, USA)
Facts: Google scanned millions of books to make them searchable online. Authors Guild sued for copyright infringement.
Held: Court held that digital scanning for search purposes constitutes fair use, as it was transformative and did not replace the original works.
Principle:
Fair use allows reproduction for research, criticism, or transformative purposes.
Balance between public access and exclusive rights of authors.
Impact: Landmark case for digital copyright enforcement and exceptions.
6. Lucasfilm Ltd. v. Ainsworth (2011, UK)
Facts: Designer created and sold replica Stormtrooper helmets from Star Wars films without license.
Held: Court recognized copyright in design and artistic elements, granting injunction against sale of replicas.
Principle:
Copyright extends to three-dimensional artistic works.
Enforcement protects commercial and derivative works from unauthorized use.
Impact: Strengthened protection against piracy of movie merchandising.
7. Gramophone Company of India Ltd v. Birendra Bahadur Pandey (1984, India)
Facts: Pirated copies of music records were sold in the market.
Held: Court held unauthorized reproduction and sale is infringement under Section 51 of Copyright Act, 1957.
Principle:
Both reproduction and distribution rights are enforceable.
Remedies include injunction, damages, and seizure of infringing copies.
Impact: Reinforced enforcement against piracy in India’s music industry.
8. Apple Inc. v. Samsung Electronics Co. (2012, USA)
Facts: Samsung’s smartphones were alleged to infringe Apple’s design and software copyrights.
Held: Jury awarded damages to Apple for infringement of design and software elements.
Principle:
Copyright extends to software and interface designs.
Protection is not limited to literary and artistic works but includes user interface and graphical design.
Impact: Set a global benchmark for IP enforcement in tech and software industries.
📚 Principles Derived from the Above Cases
| Factor | Judicial Guidance |
|---|---|
| Originality matters | Protection extends to literary, artistic, and digital works (University of London Press). |
| Reproduction & distribution | Unauthorized copying, sale, or distribution is infringement (Alfred Bell, Gramophone Company). |
| Public performance | Performance in public spaces requires licensing (IPRS v. Sanjay Dalia). |
| Compilation/databases | Labor in compiling works is protected (Eastern Book Company). |
| Fair use/fair dealing | Transformative and research purposes may be exempt (Authors Guild v. Google). |
| Derivative works | Replicas, merchandising, and derivative products are protected (Lucasfilm, Apple v. Samsung). |
| Digital and software protection | Copyright extends to software, UI, and digital works (Apple v. Samsung). |
⚖️ Conclusion
IP law enforcement and copyright protection are crucial to:
Encourage creation and innovation
Protect authors, artists, and creators
Prevent piracy and unauthorized exploitation
Balance public access with exclusive rights
Judicial precedents illustrate:
Courts protect both traditional works (books, music, art) and modern digital/software works
Enforcement mechanisms include civil remedies, injunctions, damages, and seizure of infringing material
Exceptions like fair use exist but are narrowly construed to avoid abuse
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