11th
Advocate Ajay came from Fatehpur to consult a physician in Fortis hospital for some gastritis problem. He would also meet Dr RK Wadhwa, Head of Rehabilitation Department, Safdarjung hospital and show his right foot which got fractured about a year back. Although the fractured foot has healed up but he finds difficult to move it freely. The appointment is fixed at 12.30 pm next day.
In the Supreme court in the afternoon.
Met Senior Advocate Vikas Pahwa and discussed raising some fund with the help of Late father-in-law 's book on Guru Nanak for charity.He gave his written opinion in reply to queries in my letter to him on 5th April 2018.(Reprodued in my blog dated 10th April). His letter, dated, 11th April 2018 vide email Vikas Pahwa vikaspahwaadv@gmail.com is reproduced below :
As stated by you, the book was first published in November, 1969 by Delhi Gurudwara Prabhandhak Committee. You have not quoted the date of demise of your father-in-law as that is relevant for continuance of rights post his demise. In any event, in terms of Section 22 of the Copyright Act, the copyright shall subsist for a period of 60 years from the beginning of the calendar year next following the year in which he expired. I presume that the said period surely would not have lapsed.
Further, you have stated that on the published book, it was mentioned that all rights were reserved in favour of Mrs. Bimla Varma W/o Late Sh. Sharad Chand Varma. The said averment would show that your father-in-law had only given rights to DGPC to reproduce the work, however, the copyright subsisted in his favour and after him, in favour of his wife and then the legal heirs.
There must be some written agreement between your father-in-law and DGPC defining the scope of rights inter-se the parties qua the said literary work. However, since no agreement has been provided, I presume that even if such an agreement exists, the same is not in your power and possession.
In any event, post demise of your mother-in-law, the copyright in the said work devolves upon the three daughters and the three sons and they are at liberty to deal with it in the manner they like.
In this view of the matter, unless and until there is an exclusive clause in any agreement with regard to the publication of the work, the right of an owner cannot be diluted.
Query No.2 : Can the reprinted copies be sold through Amazon and book stores without the concurrence of Delhi Gurudwara Prabhandhak Committee ?
12th
Advocate Ajay met Dr Wadhwa. Dr Wadhwa advised him some exercises.
13th
Venita's eyes were examined by Dr Talwar. He has recommended some more tests before he undertakes Lazer correction of her right eye to improve vision.
In the Supreme court in the afternoon.
Advocate Ajay came from Fatehpur to consult a physician in Fortis hospital for some gastritis problem. He would also meet Dr RK Wadhwa, Head of Rehabilitation Department, Safdarjung hospital and show his right foot which got fractured about a year back. Although the fractured foot has healed up but he finds difficult to move it freely. The appointment is fixed at 12.30 pm next day.
In the Supreme court in the afternoon.
Met Senior Advocate Vikas Pahwa and discussed raising some fund with the help of Late father-in-law 's book on Guru Nanak for charity.He gave his written opinion in reply to queries in my letter to him on 5th April 2018.(Reprodued in my blog dated 10th April). His letter, dated, 11th April 2018 vide email Vikas Pahwa vikaspahwaadv@gmail.com is reproduced below :
"Apropos our conference regarding the legal opinion, I wish to submit that I have gone through your email dated 5.4.2018 and also the blog dated 27.10.2017. My Opinion on the queries raised by you is as
follows :
Query No.1
: Can the book be reprinted without the concurrence of Delhi Gurudwara Prabhandhak Committee?As stated by you, the book was first published in November, 1969 by Delhi Gurudwara Prabhandhak Committee. You have not quoted the date of demise of your father-in-law as that is relevant for continuance of rights post his demise. In any event, in terms of Section 22 of the Copyright Act, the copyright shall subsist for a period of 60 years from the beginning of the calendar year next following the year in which he expired. I presume that the said period surely would not have lapsed.
Further, you have stated that on the published book, it was mentioned that all rights were reserved in favour of Mrs. Bimla Varma W/o Late Sh. Sharad Chand Varma. The said averment would show that your father-in-law had only given rights to DGPC to reproduce the work, however, the copyright subsisted in his favour and after him, in favour of his wife and then the legal heirs.
There must be some written agreement between your father-in-law and DGPC defining the scope of rights inter-se the parties qua the said literary work. However, since no agreement has been provided, I presume that even if such an agreement exists, the same is not in your power and possession.
In any event, post demise of your mother-in-law, the copyright in the said work devolves upon the three daughters and the three sons and they are at liberty to deal with it in the manner they like.
In this view of the matter, unless and until there is an exclusive clause in any agreement with regard to the publication of the work, the right of an owner cannot be diluted.
Query No.2 : Can the reprinted copies be sold through Amazon and book stores without the concurrence of Delhi Gurudwara Prabhandhak Committee ?
Once
reprinted, it is the sweet will of the Copyright Holder to sell the copies in the mode and manner he likes and no consent/approval is required from
Delhi Gurudwara Prabhandhak Committee. Since you have
mentioned that Copyright Holder intends to use the proceeds for the benefit of disabled
children, I would suggest that where the price of the book is mentioned, you may add that the sale proceeds of the book shall be utilized for charity to
benefit the disabled children. Although the said statement shall bind the Copyright holder to use the funds only for the said purpose, but the same would certainly protect him/her in future,
from any contrary rights being claimed by
Delhi Gurudwara Prabhandhak Committee
in the event of any litigation,
as the same would take out the sale from the purview of a commercial
transaction.I
hope this clarifies the queries raised by you. In the event of any
clarification, please feel free to revert."
He informed that he would get in touch with Gurudwara Prabandhak Samiti for their concurrence. We will await for further information from him
Advocate Ajay met Dr Wadhwa. Dr Wadhwa advised him some exercises.
13th
Venita's eyes were examined by Dr Talwar. He has recommended some more tests before he undertakes Lazer correction of her right eye to improve vision.
In the Supreme court in the afternoon.
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