Madan
in Consumer Law Contracts Law Competition Law
Asked July 28, 2013

Copyright: Sale of Books

  • 2 Answers
  • 232 Views

1.If a person buys books in India which is meant for sale in India only by the copyright holder(its printed on the book) and he sells it to countries outside India such as USA. Would it constitute an infringement under Sec 51 of Indian copyrights act?? 2. If at all the copyright is infringed,would the export of such books amount to infringement or the sale of such books in USA amount to infringement under Indian copyrights Act?? 3.If the exports do not amount to copyright infringement, would Indian courts have jurisdiction to decide the infringements under indian laws even though the copyright holder is a registered company in india???

Answers 2

Taking into consideration the above given facts by you. 

The above act may vouche for infringment of Copyright. Sec 51 of the copyright act clearly mentons that one cannot sell it. Yes the Indian courts would have the jurisdiction ,as beacuse the cause of action to export books have occured here in India. 

 

 

Best Regards 

Adv Harshad Rathod 

hnrlegal@gmail.com

Agree Comment 0 Agrees 11 months ago
  • 9faf84005e2c0318303802582aacfe0f219b5cfb
    Here the Question is about reselling of books, lawfully purchased. This do not amount to infringement.
    Agree 0 Agrees 11 months ago


Sir

Copyright Infringment in a literary work is constituted in the following events : - 

(i)       To reproduce the work in any material form including the storing of it in any medium by electronic means;

(ii)      To issue copies of the work to the public not being copies already in circulation;

(iii)      To perform the work in public, or communicate it to the public;

(iv)     To make any cinematograph film or sound recording in respect of the work;

(v)      To make any translation of the work;

(vi)     To make any adaptation of the work;

(vii)     To do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);

 

Here in the case narrated by you, what you are doing is RESELLING the ORIGINAL BOOKS, lawfully purchased by you from the owner of the Book. This does not constitute an act of Infringement. Once you have puchased the book, you are the owner of that particular piece of Book, and you can use and dispose of the Book as per your discretion, provided that such Act is not in violtion of the aforsaid provisions constituting infringement.  

Note, there is a fundamental difference in being the Owner of the Book, and being the Owner of the Contents of Books. Copyright of the owner subsits in the Contents of the Book, and not the Book per se. Once the Copyright Owner sells the Books, then the Owner looses his ownership of such book, and he cannot prevent, use, circulation, or transfer of ownership of such books by the person who had lawfully purchased it.  It is fundamental principal that one cannot have control over the goods once sold. So, RESELLING, of the books, cannot be controlled by the Copyright Owner. 

THE DOCTRINE OF FIRST SALE applies, according to which "Lawfully acquired copies of copyrighted works can be resold by their owners wi thout the permission of the Owners" This principal is reiterated by the US Supreme Court in case of KIRTSAENG, DBA BLUECHRISTINE99 v. JOHN WILEY & SONS, INC. US SUPREME COURT

Now, replying to your specific queries as under : - 

 1.If a person buys books in India which is meant for sale in India only by the copyright holder(its printed on the book) and he sells it to countries outside India such as USA. Would it constitute an infringement under Sec 51 of Indian copyrights act??

No it would not constitute an act of Infringement u/s 51 of the Copyright Act. 

2. If at all the copyright is infringed,would the export of such books amount to infringement or the sale of such books in USA amount to infringement under Indian copyrights Act??

If the Book which is proposed to be exported, is itself an infringed copy, then yes, it does amount to infringement under Indian Copyright Act. 

3.If the exports do not amount to copyright infringement, would Indian courts have jurisdiction to decide the infringements under indian laws even though the copyright holder is a registered company in india???

Whether a particular act constitutes infringement or not, is not what decides the jurisdiction of the Court. Jurisdiction of the Indian Court is determined based on the cause of Action. Since the Copyright Holder is Indian Company, and since the Exporters are Made from India, so in case of any grevience, as to whether any such export would constitute an act of infringement or not, as per Indian Law, is what Indian Court would decide.  If, such act do not constitute infringement as per Indian law, then the Court will dismiss the Suit of infringement. 

I beleive the aforesaid will solve your query. 

Should you have any questions, then feel free to ask

Vivek N Mapara

Agree Comment 0 Agrees 11 months ago

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