CPC Case Brief – Iftikhar Ahmed v. Syed Ali (Co-Defendant)

You can grab notes on other topics of CPC here.

  • For judgment to be held as res judicata between two defendants it must be shown that:-
    • There was conflict of interest between co-defendants
    • It was necessary to decide the conflict between co-defendants in order to give relief to the plaintiff
    • Court actually decide the conflict/question

You can grab notes on other topics of CPC here.

 

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Copyright Case Brief – CCH Canadian Limited v. Law Society of Upper Canada

You can grab other case briefs on other IPR topics from here.

Citation – [2004] 1 S.C.R. 339, 2004 SCC 13
Facts:
The Law Society of Upper Canada (Respondent) has a library offering both custom and self serve photocopy service. CCH Canadian Limited (Appellant) sues for infringement of copyright in 11 specific works and asks for a permanent injunction preventing further copying. Law Society denies the infringement and files a counterclaim to declare that its activities did not infringe the publishers copyrights, by either providing single copy for research purpose or by allowing patrons to avail themselves of the self-service photocopiers.

Procedural History:
The Federal Court trial division and Federal Court of Appeal allowed the publishers claim in part and then the Law society appealed in Supreme Court of Canada.

Issues:
1) Are the publishers’ materials “original works” protected by copyright?
2) Did the Great Library authorize copyright infringement by maintaining self-service photocopiers and copies of the publishers’ works for its patrons’ use?

Judgment:
1) Are the publishers’ materials “original works” protected by copyright? Court held as following.
a) Headnotes – Yes, it is an original work.
Court said that although headnotes are inspired largely by the judgment they are not an identical copy of the reasons. Part of the judgement can be selected and can be arranged according to one’s choice. Making these decisions require the exercise of skill and judgment and the authors need to have knowledge of the subject for the same.

b) Case Summary- Yes, for the same reasons as mentioned above case summary is also an original work therefore covered by copyright.
c) Topical Index- Yes.
It provides a listing of cases with short headings to indicate the main topics covered by the decision and very brief summaries of the decisions. The author has to decide which headings and cases to include and which cases should fall under which headings. These decisions would require the exercise of skill and judgment.

d) Reported Judicial Decisions –  they have copyright over the compilation but not on judicial decisions themselves. The authors have arranged the case summary, case title, case information (the headnotes) and the judicial reasons in a specific manner. The arrangement of these different components requires the exercise of skill and judgment. The judicial reasons in and of themselves, without the headnotes, are not original works in which the publishers could claim copyright.

2) Did the Great Library authorize copyright infringement by maintaining self-service photocopiers and copies of the publishers’ works for its patrons’ use?
No, library did not authorize copyright infringement. For self service photocopiers court said that there was no evidence that the photocopiers had been used in a manner that was not consistent with copyright law. Court noted that a person does not authorize copyright infringement by authorizing the mere use of equipment (such as photocopiers) that could be used to infringe copyright. For copies for patrons court held that not all request were honoured. Secondly, they granted copies to patrons for research work, which was exemption of copyright infringement.

Rationale:For a work to be “original” within, it must be more than a mere copy of another work. At the same time, it need not be creative, in the sense of being novel or unique. What is required to attract copyright protection in the expression of an idea is an exercise of skill and judgment. The exercise of skill and judgment required to produce the work must not be so trivial that it could be characterized as a purely mechanical process, it should include intellectual effort of the author.

Rule: Standard of Review laid in this case – exercise of skill and judgement in the work.

You can grab other case briefs on other IPR topics from here.

Doctrine of Res Gestae – Indian Evidence Law

Y.E. Nagree v. State of Maharashtra

A contemporaneous tape recording of a relevant conversation formed part of the res gestae and is relevant and admissible under Section 6 of the Indian Evidence Act. The court must be satisfied beyond reasonable doubt that the record has not been tampered with, the evidence must be received with caution.

G.V. Rao v. State of Andhra Pradesh

The rationale in making certain statement or fact admissible under Section 6 of the Evidence Act is on account of the spontaneity and immediacy of such statement or fact in relation to the fact in issue, but in this case there was appreciable interval between the acts of the miscreants and the recording of the statements by judicial magistrate of the victims. The interval, therefore, blocks the statement from acquiring legitimacy under section 6 of the Act.

R.M. Sharma v. State of Bombay

The physical fact of identification has no separate existence apart from the statement involved in the very process of identification and in so far as a police officer seeks to prove the fact of such identification such evidence of his would be inadmissible in evidence. The only exception being the evidence sought to be given by the identifier himself in regard to his mental act of identification which he would be entitled to give by way of corroboration of his identification of the accused at the trial. The Court is satisfied that even excluding the evidence of the test identification parade in regard to him the balance of evidence remaining on record is enough to maintain his conviction

Daya Singh vs. State of Haryana

In the present case, there is no lapse on the part of the Investigation Officer holding the test identification parade. Where evidence is cogent, consistent and without any motive, it is no use to imagine and magnify theoretical possibilities with regard to the state of mind of the witnesses. The identification by the witnesses effected in the result that the physical features of accused must have been embedded in the memory of the witness and the evidence and the cross-examination of the witnesses, it is apparent that they gained enduring impression of the identity of the accused during the incident. Power of perception and memorizing differs from man to man and also depends upon the situation. It also depends upon the capacity to recapitulate what has been seen earlier.

You can find notes on other topics on Evidence here.  You can grab notes for other law subjects from here.

Law of Torts (Short Notes)

Law of Torts (Short Notes)

Do check out our free Android App on Law of Torts.

Assault

Battery

False Imprisonment

Negligence

Defamation

Intentional Infliction of Emotional Distress

Malicious Prosecution

Trespass

Defenses in Law of Torts
– Contributory Negligence
– Inevitable Accident
– Act of God
– Mistake
– Necessity
– Liability of State
– Private Defense
– Volenti Non Fit Injuria

Damages

Some Other Concepts
– Vicarious Liability
–  Attractive Nuisance Doctrine
–  Tender Years
– Res Ipsa Loquitur

You can grab notes for other law subjects from here.