‘Can’t claim copyright over songs, tales that have been in public space’

Source: Hindustan Times dated 04.01.2019

• Kanchan Chaudhari n kanchan.chaudhari@hindustantimes.com
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• MUMBAI:No individual can claim copyright over something that has been in public domain for long, such as the national song or anthem, the Bombay high court (HC) said on Thursday.

  The division bench of Justice BP Dharmadhikari and Justice Revati Mohite-Dere was hearing a petition filed by three city residents, Pramod Sharma, Pukhraj Sharma and Hiten Patel, seeking quashing of the criminal proceedings initiated against them for copyright violations.

  Acting on their plea, the bench restrained the Malad police from filing a charge sheet in the case.

  In December 2014, Malad police booked the trio under relevant sections of the Copyrights Act, 1977, for purported infringement of copyright of a book written by Ashadevi Sonigda.
  Sonigda claimed that she has written books depicting Mewad folk songs and folktales and has obtained necessary copyright certificate from the Copyright Board in 2013. She alleged that the trio copied contents of her books and incorporated the same in books written and published by them, and thus infringed her copyright.

  In 2016, the trio approached the HC, seeking quashing of the criminal proceedings against them contending that they too had obtained copyright certificate from the Copyright Board of the books published by them, albeit a year after the complainant woman obtained the certificate.

  Their lawyer pointed out that the contents of the books, over which the complainant claimed copyright, is in public domain and the traditional songs are being sung by women during marriages in certain Marwari communities. The tales have been doing rounds within the community for ages, the lawyer said.

  The bench accepted the contention. The judges felt that the complainant could not have staked exclusive copyright over traditional songs and legends, which have been circulated within the community for a long period.

  The directive came after additional public prosecutor FR Shaikh pointed out to the bench that investigation in the case was complete and charge-sheet was ready.