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protection of Copyright Act, 1957 and the same cannot be taken away
without their consent as permitted by law. The students aged below 21
years are exploited by the State and its instrumentalities and enquiry
by Copyright Board sought for. Petitioners rights to have the
protection of Copyright infringed.
Page |2
AND
RESPONDENTS:
1. State of Kerala, represented by its Principal Secretary, General Education
Department, Secretariat, Thiruvananthapuram-695 001.
2. The Director, Department of Higher Secondary Education, Housing Board
Buildings, Santhi Nagar, Thiruvananthapuram-695 001.
3. Inspector General of Police,
Thiruvananthapuram-695 001.
CBCID,
Economic
Offences
Wing,
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1. The petitioner is a known artist of the dance form Kutchupudi . She was a
student of Padmabushan Dr. Vempati Chinna Satyam a well known
Kuchupudi exponent. She is the founder of Sathyaanjali Academy of
Kuchipudi Dance, an institution recognized by Kerala Sangeet Natak
Akademi. It has branches in many parts of Kerala which undertakes
training classes for Certificate and Diploma courses in Kuchipudi dance.
There are more about 1000 students who learned Kutuchupudi form of
dance from the petitioner . Many of them had also secured prizes in the
many competitions including in the State School Youth Festivals, got
scholarships, become Doordarshan Grade artists, started teaching,
performers, etc. She has produced many dance forms and used to give the
same for performance to the students , the copyright of the same still
vests with her.
2. Every year competitions were conducted for the students of High School
and Higher Secondary Schools in art and literary competitions in Kerala.
The State level event is called Kerala School Kalotsavam (
)
and
1956. Winners from different revenue districts for a particular event will be
competing in state level competition. Competitions are held in more than
320 items which includes dance items, like Mohiniyattom, Kutchupudi,
Bharatha Natyam, Kathakali, Folk Dance, Kerala Nadanam, etc. In addition
separate categories for Music, Drama and Mimicry and other artistic items
are staged which are witnessed by thousands of people. This programme
is a stepping stone for the many of the students who wanted to become
an artists in future. More than 25000 students participate in such events
from all parts of the Kerala State. The State Government collects an
amount of `. 20/- (Twenty rupees) from each student towards expenses for
Page |4
conducing the same. The students who wanted to participate seek the
assistance of experts to make best performance. A true copy of the
Circular issued by the Joint Director (Academic) of the 1st respondent NO.
Acd/Spc (2)/33349/HSE/2013, dated 16-11-2013 is produced herewith and
marked as Exhibit.P.1.
4. Most of the dance and music performances are original work done by the
teachers like this petitioner and sometimes by the artists with the help of
experts on the field. The dances used to seek the assistance of
Choreographers, Orchestra, Singers, Music Directors, Make Up men,
Costumes, by incurring substantial amounts. Even student performing
dance items has to incur an amount of `. 20,000 to `. 80,000/- for each
item of performance. This petitioner used to help students who could not
afford to such huge sum by spending out of pocket. The students prepare
and practice well and their performance is always accepted by the general
public. Some of the top artists have become famous film stars later on.
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5. The works done by these performers in these Youth festivals are authored
by the participants and in some case by the teachers. The said work done
by the candidates are protected by the Copyright Act, 1957 [hereafter
referred to as the said Act]. The said teachers or the candidates are the
First Owners of the work done by them. They have the right to issue copies
of their performance made by them in the said Youth Festival. But it is
seen from 2011 onwards that the visual recording done in the said venue
are being reproduced in the internet and sold in digital format. Digital
Video Disc (DVD) are sold in open market by some agencies . For example
the 3rd respondent
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found that it contains many Kutchupudi item of dances of about 20 items
which are works of this petitioner and she alone has the right to sell it.. A
true Photostat copy of the covers of the VCDs of the State School Youth
Festival, produced by the 5th respondent is produced herewith and marked
as Exhibit.P.4.
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owner. Such a right has more than one dimension. It may have a
commercial value depending upon the quality, nature and the public
demand of the work. It may also have aesthetic value. Whether such a
right should be transferred or not is a matter, essentially, for the "owner"
of the copyright to determine. It is, further, the right of the owner to
decide on what terms and conditions (which need not necessarily be
related to money alone), he would part with the copyright of his work if
ever he decides to part with it.
11. No person has a right to publish any video film in respect of any work
unless the consent is obtained from the owner and it must be specifically
stated in the cover as contemplated under Sec. 52A of the Copyright Act,
1957. None of the candidates who have performed have given consent to
the respondents 1 and 2 or to any other persons. Therefore the marketing
of video films of the performances done in the Youth Festival are clear
penal offences punishable under Sec. 68A of the said Act. This fact is
brought to the notice of the 3rd respondent several times by email as well
as by phone calls. Despite the knowing the 3rd respondent has not done
anything so far.
12. In this year the Youth Festivals starts commence from school level in
September, 2014. The Sub-District Level Youth Festival starts in October
and the District Level youth festival commences in November. The Kerala
State Youth Festival, the big event takes place in January, 2016 as per the
Academic Calendar published by the 1st respondent.
13. Only if a proper action is taken against the known violators which are the
officials of the respondents 1 and 2 action the criminal act will end. Since
the persons who has committed the offence are Government Officials it is
essential that an investigation by the 3rd respondent, the Nodal Officer, will
not serve the purpose. The only person who can do something in this writ
petition is the 4th respondent who can conduct an independent enquiry in
this. In order to protect the copyrights of artistic work of the
said
participants in the Kerala State Youth Festival this writ petition is filed by
invoking this Court's extraordinary jurisdiction under Article.226 of the
Constitution of India on the following among other grounds:
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GROUNDS
A. The State and its instrumentalities are bound to protect the Copyrights of
the participants in the State School Youth festival as well as District Level
conducted by them. The rights available to the students should be
protected and not allowed to be exploited by outside agencies. Many of
the students who do not know their legal rights have been mislead by the
respondents 1 and 2 and other officers knowingly that they are abetting
the offence of infringement has committed offences under Sec. 63 of the
said Act.
B. Officers like the 3
rd
the said Copyright Act, 1957 by prosecuting the offenders who have are
infringing the provisions by selling the video recordings. But they are
keeping mum on the issue for unknown reasons. Enactment of law and
tolerating infringement is not enacting the law at all. Even if they conduct
an investigation it will not bring truth and therefore an enquiry by an
independent outside agency is very much essential in the circumstances.
C. The equality before law has many facets . It is the duty of the State , under
Art.38 to secure social order for the promotion of welfare of the peopeople. Students who participate in the Youth Festival are being exploited
by selling their
performances and selling the same to outsiders who sell it. All the said
works are done by the Government Official. A through enquiry into the
entire infringement of the works done at the State Youth festival during
the previous years is also required in the circumstances.
D. It is the duty of the State and its instrumentalities to protect the rights of
the petitioner and other persons under the Copyright Act, 1957. If they
themselves violate the law to be violated it will a situation of failure of law
and order. They failed because many of the instrumentalities of the
Government are involved in it.
For the reasons set out above and the reasons to be submitted at the time
of hearing the petitioner prays that the following :
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RELIEFS
i.
to
conduct
an
independent
enquiry
into
the
ii.
iii.
Such other reliefs which this Hon'ble Court deems fit and necessary
in the circumstances of the case and the costs of this case.
Court Fees paid under the Kerala Court Fees and Suits Valuation Act.
Schedule-II, Art-(I)11 (l)(2)(iii). `..100/-.
Dated this the 23rd day of July, 2015.
Petitioner.
P a g e | 10
INTERIM RELIEF
For the reasons stated in the writ petition and the accompanying affidavit it
is humbly prayed that this Hon'ble Court be pleased to pass an interim
order directing the respondents 1 to 3 to take immediate measures to
protect the Copyrights of the performers of the State as well as District
level School Youth Festival under the Copyright Act, 1957 and the video
graphic materials recorded are kept in safe custody so as to avoid any
pilferage , pending the disposal of the above writ petition.
Dated this the 23rd day of July, 2015.
P a g e | 11
IN THE HIGH COURT OF KERALA, AT ERNAKULAM
[SPECIAL ORIGINAL JURISDICTION]
and others....Respondents
AFFIDAVIT
P a g e | 12
INDEX
Sl.No.
Particulars
Pages
Synopsis
Writ Petition
02-10
Affidavit
11
12
13-14
15
16
Vs
State of Kerala and others..Respondents
P.B.SAHASRANAMAN [ S-34]
T.S.HARIKUMAR [H-60]
K.JAGADEESH [ J-451]
&
RAAJESH.S.SUBRAHMANIAN [ R-999]
Advocates
P a g e | 14
APPENDIX
Petitioners Exhibits: