Accordingly, they composed music for those songs. December Learn how and when to remove this template message. Dandayudhapani Pillai , Viswanathan-Ramamoorthy , S. Avalhootha Swamigal has granted permission to these respondents to perform in public the above songs. On listening the songs from all the cassettes, 1 am of the clear view that the musical work with fine music and tunes made by Sulamangalam Sisters have been fully copied by the respondents through some other singers. May Bhagavan Sri Skanda’s blessings always be upon you all. A compilation derived from a common source fails within ambit of literary work.
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Swamiji Santhanandha sic being an ascertion cannot claim right over the composition and consequently, assign his right. The respondents 3 to 8 are the dealers and distributors of the audio cassettes. In the instant case, the works sistdrs well as the compilations of kajdha, discourses, etc. Swamiji’s “Skandha Guru Kavacham” written in mellifluous Tamil prose-poetry with simple rhythm and rhyme forms a touching rhapsody revealing his deep vision, heights of experience and the pourings of the pinning heart of a typical Mumukshu, adoptable by any ardent devotee at any time.
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As noted above, the plaintiffs claim copyright over the literary work only in respect of Kandha Guru Kavacham, as the author of the same, viz. Tamil devotionaltamil patrioticfilm music.
Sri Skandha Guru Kavasam by Soolamangalam Sisters on Apple Music
On listening the songs from all the cassettes, 1 am of the clear view that the musical work with fine music and tunes made by Sulamangalam Sisters have been fully copied by the respondents through some other singers. The display of the cassettes would clearly establish that the cassettes produced by HMV, the second applicant with songs sung by the soolaamngalam applicant along with her sister would, in no way show any resemblance or relevance or similarity.
Section 22 also would provide that the copyright shall subsist in any musical work published within the lifetime of the author until sixty years from the beginning of a calendar year next to following year in which the author dies.
The first applicant and her deceased sister gave all rights for recording both Kandha Sashti Eoolamangalam and Kandha Guru Kavacham through any media to the second applicant.
Murthi of Soolamangalam, Pathamadai S. It is stated by the respondents 3 to 5 in their counter that Swamlji belongs to the entire world and kandha guru kavasam by soolamangalam sisters do not live for themselves and therefore, Santhanandha Swamigal cannot assert exclusive ownership to assign the same to the first plaintiff.
A compilation derived from a common source fails within ambit of literary work. Thus the applicants acquired proprietary rights in respect of copyright over the devotional song title as Kandha Sashti Kavacham and the lyrics titled as Kandha Guru Kavacham written and assigned by the said Swamiji to the first applicant and her sister.
On the right hand side, the details of the author of the Skandha Guru Kavacham is given as follows: Thus, the respondents copied the entire lyrics and musical work without the consent of the applicants in writing.
Skandha Guru Kavacham
Though Jayalakshmi was the elder of the sisters, it was Rajalakshmi who left first. Please help improve this article by adding citations to reliable sources. On seeing the package, every one is misled and mistaken for the audio cassette with songs of Kandha Sashti Kandha guru kavasam by soolamangalam sisters and Kandha Guru Kavacham with names of Sulamangalam Sisters. In Para 15 of his counter, it is stated as follows: The law of copyright has to protect a man’s copyright irrespective of his status as a family man or saint.
The tunes and Ragas emerge from the cassettes manufactured by these respondents are quite distinctive and of superior quality than that of the applicants. This Court by the order dated issued notice returnable by The Apex Court, while dealing with the law relating to the copyright and its infringement in R.
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Retrieved 29 June There are totally eight respondents. Let us first consider the claim of the plaintiffs over the copyrights in respect of musical work kandah both Kandha Sashti Kavacham and Kandha Guru Kavacham. As indicated above, the ‘musical work’ has been defined in Section 2 p. Try out our Premium Member services: The circumstances which have driven met to the above conclusion could be briefly stated as follows.
Kandha Guru Kavasam: : Alexa Skills
Moreover, these songs have contributed by Devaraya Swamigal and Avathootha Swamigal. This, in my view, is the musical work done by the composers, viz. There is no specific denial of this fact in the counter, though it is stated that those things were not known to the respondents.
Mala Oru Mangala Vilakku.
The author as defined in Section 2 d in relation to musical work is only the composer and Section 16 confines a copyright to those works which are recognised by the Act.