Andhra Pradesh High Court Upholds Conviction in Copyright Infringement Case

Gajulapalli Mallikarjuna Prasad's plea denied; Court affirms possession of fake cassettes and denies probation.

In a significant judgment, the Andhra Pradesh High Court has upheld the conviction of Gajulapalli Mallikarjuna Prasad for offenses under the Copyright Act, 1957. The Court confirmed the findings of both the Trial and Appellate Courts, which had earlier convicted Prasad for possession of fake audio cassettes and machinery used for piracy, thereby violating Sections 63, 65, and 68A of the Act.

The case was initiated based on a complaint by Syed Gulam Ghouse, an investigator for the Indian Music Industry, leading to the seizure of counterfeit cassettes from Prasad's shop. Despite arguments from Prasad's counsel challenging the lack of examination of the copyright holder and procedural lapses during the seizure, the Court found that the prosecution had provided sufficient evidence to prove the infringement.

Justice Subhendu Samanta, presiding over the case, noted that the prosecution successfully demonstrated the absence of required particulars on the seized cassettes, as mandated under Section 52A of the Copyright Act. The Court also dismissed Prasad's plea for probation under Section 360 of the Criminal Procedure Code, highlighting his involvement in the piracy business and his age, which disqualified him from such a benefit.

The judgment reiterated the importance of protecting intellectual property rights and the strict enforcement of copyright laws to deter piracy. This case serves as a reminder of the legal consequences faced by those engaging in the unauthorized reproduction and distribution of copyrighted materials.

Bottom Line:

Conviction for offences under Sections 63, 65, and 68A of the Copyright Act upheld - Sufficient evidence provided by prosecution to establish infringement of copyright and possession of fake cassettes - Justified rejection of petitioner's claim for benefit under Section 360 of Cr.P.C.

Statutory provision(s): Sections 63, 65, 68A, and 52A of the Copyright Act, 1957; Section 360 of the Criminal Procedure Code, 1973.

Gajulapalli Mallikarjuna Parasad v. State of AP, (Andhra Pradesh) : Law Finder Doc Id # 2819463