Law: Copyright Act, (III of 1914)

Section: 6

Law: Copyright Ordinance, 1962

Section: 1(3),83

Copyright Act, 1911 (1-2 Geo. Sc. 46) [as modified by Copy right Act (III of 1914)]--------- ----- S. 6 - No date as yet appointed by Central Government for enforcement of Copyright Ordinance (XXXIV of 1962) - Copyright Act, 1911 and Copyright Act, 1914, therefore, still continue to be in force in Pakistan-Works published in foreign country (Italy)-Protected by virtue of Copyright (Rome Convention) Order, 1933-Any infringement can give rise to cause of action for remedy by way of injunction or damages under S. 6 of Copyright Act, 1911-Indian Independence Act, 1947, S. 18-Copyright Act (III of 1914), S. 1 and 1st Scls. Copyright Ordinance (XXXIV of 1962), Ss. 1 (3) S 83.   Date of hearing : 9th March 1964.   JUDGMENT   SARDAR MUHAMMAD IQBAL, J.-The plaintiff respondents claim to be the owners by assignment of the copyright of the musical works, namely, "these foolish things" (by Holt Marvell), and "Portrait of my Love" (by Cyril Ornadel). The respondents-plaintiffs brought an action against the defendants-petitioners alleging that by a band performance given on the premises of Metropole Hotel the petitioners had infringed their copyrights in the musical works. They prayed for an injunction restraining them from infringement and also claimed damages. The petitioners resisted the suit and inter alia took a preliminary objection that the suit was not maintainable under the Copyright Act on the ground that the musical works related to foreign country. The learned District Judge decided all the preliminary objections against the defend ants-petitioners. They in their revision petition challenge 3 the correctness of the decision of the learned District Judge in respect of all the preliminary issues. The learned counsel for the petitioners, however, has restricted his arguments only to the question of the maintainability of the suit under the Copyright Act of 1911 read with Copyright Act of 1914.   The two musical works are admittedly Italian and are, therefore, of a foreign country. Copyright Ordinance, 1962, (Ordinance XXXIV of 1962), was made and published in the Gazette of Pakistan, Extraordinary, dated the 2nd of June 1962.…