The Delhi High Court has declined to grant an interim injunction restraining the publication and sale of 47 law books claimed by the plaintiff, holding that she failed to establish a prima facie right in the copyrights at the interlocutory stage.
Justice Purushaindra Kumar Kaurav observed that the plaintiff was not the author of the works and her claim of ownership rested principally on a 1962 certificate and two Wills executed in 1995 and 2021. The Court noted that the plaint did not disclose any assignment of copyright by the authors in favour of the Law Book Company or the predecessor from whom the plaintiff claimed title.
The Court held that under Sections 17 and 19 of the Copyright Act, the author is ordinarily the first owner of copyright and a person other than the author can derive title through a valid assignment or transmission recognised by law. Since the root of the plaintiff’s claimed title was not established, the Court held that the disputed Wills could not, at this stage, cure the gap in the chain of title.
The Court further noted that the Wills themselves were seriously disputed and had neither been proved nor probated. It clarified that questions concerning their genuineness, authorship, assignment and the parties’ respective rights would have to be determined at trial.
Holding that the plaintiff had failed to satisfy the three requirements for an interim injunction prima facie case, balance of convenience and irreparable injury, the Court dismissed the application. It observed that the alleged loss of revenue from book sales was capable of computation and could be compensated by damages if the plaintiff ultimately succeeded.
