Gaurav Garg collaborated with Aly Morani and Mohomed Morani in 2008 for Cineyug Films Pvt. Ltd. events creating Cineyug Signature division where he served as Vice President from March 2008 to October 2009 conceptualizing IPL Awards in June 2008 preparing presentations and pitching to IPL officials leading to deferral and his relocation to Delhi in June 2009 with MOU on 05.08.2009 acknowledging contribution and promising credit and remuneration.
But in April 2010 defendants announced event without credit prompting cease and desist and denial claiming plaintiff was employee with no rights.
So plaintiff filed CS(COMM) 200/2018 seeking injunction under Section 57 Copyright Act 1957 punitive damages and accounts with issues framed on 26.04.2012 and plaintiff's evidence closed on 02.05.2019 after delays upheld on appeals.
The court reasoned plaintiff failed to prove authorship as employee under Section 17(c) vesting copyright in employer absent contrary agreement without producing original work or completing cross-examination rendering documents unproved thus not entitled to special rights under Section 57 or revenue sharing under unproved MOU pertaining to another event with no infringement established. The suit was dismissed without costs.
Legal Point:
Copyright in work created during employment vests in employer under Section 17(c) of Copyright Act 1957 absent contrary agreement, precluding employee's claim to authorship or special rights: Para 31, Para 39.
Non-completion of cross-examination renders evidence inadmissible and unproved: Vidhyadhar v. Manikrao, (1999) 3 SCC 573, Para 27; G. Balaji v. Saravanasamy, 2020 SCC OnLine Mad 9030, Para 27.
Directors not personally liable without specific allegations or privity of contract: Para 14.
Case Title:Gaurav Garg Vs Aly Morani:09.01.2026: CS(COMM) 200/2018:2026:DHC:139:Hon'ble Mr. Justice Tejas Karia.
[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]
[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]
