Copyright Act: Link Legal represented Anil G. Karkhanis, Retd. Executive Director and Legal Advisor of IDBI Bank before the Bombay High Court

Copyright Act: Link Legal represented Anil G. Karkhanis, Retd. Executive Director and Legal Advisor of IDBI Bank before the Bombay High Court

The Bombay High Court, presided by his Lordship Hon’ble Mr. Justice Manish Pitale, while setting a new precedent under the Copyright Act, 1957, was pleased to grant the first license in India to produce and publish a translation of a literary work titled ‘The Spirit’s Pilgrimage’ authored by Ms. Madeleine Slade in Marathi Language under Section 32 of the Copyright Act, 1957 and Rule 32 of the Copyrights Rule, 2013.

In the present case, the petitioner- Anil G. Karkhanis (Retd. Executive Director and Legal Advisor of IDBI Bank) had invoked Section 32 of the Copyright Act, 1957 and Rule 32 of the Copyright Rules, 2013 for grant of license to produce and publish a translation of a literary work titled ‘The Spirit’s Pilgrimage’ in Marathi language and a further sought for a direction to the Registrar of Copyrights to notify such grant of license in the Official Gazette and to post the same on the website of the office of the Registrar of Copyrights.

The Court pursued the literary work of which the petitioner was seeking license to translate. It pertains to the autobiography of Madeleinen Slade also known as Mira Behn, who was actively involved and assisted Mahatma Gandhi during India’s freedom struggle. The Work was first published in 1960 in India by Orient Longman Private Ltd. and in Great Britain by the publisher Longmans, Green & Co., therefore, 61 years have passed from the date of first publication of the work.

The Court considered the petition and the material on record. Section 32 of the Copyright Act, 1957 and Rule 32 of the Copyright Rules, 2013 set out specific requirements to be satisfied before such license for translation can be granted.

The Court on perusal of the material on record stated, that the requirements under Section 32 of the Copyright Act, 1957 and Rule 32 of the Copyright Rules, 2013 were found satisfactory in the present case.

Further, the Court was convinced that grant of license to the petitioner for translating the aforesaid literary work would indeed serve the interest of general public, thereby showing that requirement of Rule 34(4) of the Copyright Rules, 2013 was satisfied.

Thus, the Court granted Petitioner the license to produce and publish a translation of the literary work titled ‘the Spirit’s Pilgrimage’ in Marathi language on the terms and conditions which were deemed reasonable by the Court.

The Court ordered the Registrar of Copyright to notify in the Official Gazette and to post on the website of the copyright office the grant of license as soon as possible.

Link Legal represented the petitioner- Mr. Anil G. Karkhanis, (Retd. Executive Director and Legal Advisor of IDBI Bank) before the Hon’ble Bombay High Court.

The team comprised of Mr. Amit Jamsandekar, Counsel Bombay High Court, Mr. Vignesh Kamath, Counsel Bombay High Court, Mr. Sidhartha Srivastava, Partner Link Legal, Mr. Saahil Memon, Principal Associate, Link Legal, Ms. Oindrila Mukherjee, Associate, Link Legal.