Bombay HC Allows Man To Publish Translation Of Literary Work By Author Who Assisted Mahatma Gandhi During India’s Freedom Struggle

The Bombay High Court has allowed the prayer of a man seeking licence to produce and publish a translation of the autobiography of Madeleinen Slade also known as Mira Behn, who assisted Mahatma Gandhi during India’s freedom struggle.

The Court observed that the grant of licence for translating the aforesaid literary work would serve the interest of general public.

“This Court is convinced that grant of licence to the petitioner for translating the aforesaid literary work would indeed serve the interest of general public, thereby showing that requirement of Rule 34(4) of the said Rules (Copyright Rules, 2013) is satisfied.”, Justice Manish Pitale noted.

The petitioner had invoked Section 32 of the Copyright Act, 1957 and Rule 32 of the Copyright Rules, 2013 for grant of licence to produce and publish a translation of a literary work titled “The Spirit’s Pilgrimage” in Marathi language and a further direction to the Registrar of Copyrights to notify such grant of licence in the Official Gazette and to post the same on the website of the office of the Registrar of Copyrights.

Advocate Amit Jamsandekar appeared for the petitioner.

The Court noted that no one had come forward to raise objections in response to the notices published as regards licence for translation sought by the petitioner and more than 120 days had elapsed from the dates of publication of such notices.

The Court also noted that that the petitioner gave specific undertakings in the context of Royalty payable to the rightful owner.

“…since none has come forward to raise objections in response to the notices published as regards licence for translation sought by the petitioner and more than 120 days have elapsed from the dates of publication of such notices, this Court is convinced that the petition can be allowed by directing the petitioner to abide by the undertakings given in the above quoted paragraphs 4E and F of the petition. It is specifically recorded that the petitioner undertakes to deposit the Royalty in this Court, if and when any person raises a claim in that regard.”, the Court observed.

Thus the Court allowed the petitioner’s plea seeking grant of license to produce and publish a translation of the aforesaid literary work.

“It is recorded that the petitioner shall abide by the aforesaid undertaking recorded hereinabove, as regards the issue of Royalty.”, the Court held.

Cause Title- Anil G. Karkhanis v. Kirloskar Press and another

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