Copyright – Spare parts of Computer are not “artistic work” under the Copyright Act 1957 – FIR for its sale is illegal

Copyright – Spare parts of Computer are not “artistic work” under the Copyright Act 1957 – FIR for violation of copyright is illegal

The applicant deals in the sale of spare parts of the computers and goods like cartridge of printers.

Respondent No.2 in his capacity as the Investigating Officer of IPR Vigilance Indian Company filed the first information report against the applicant.   FIR did not disclose his authority either as owner or author to file the same.  It also did not disclose if the respondent no.2 had acquired any other right conferred under the Copyright Act, 1957.

Spare parts of the computer do not fall within the “artistic work” defined in Section 2[c] of the Copyright Act, 1957.   The spare parts are neither literal work nor musical work.   The FIR did not disclose the same.

FIR was quashed.

Mayur Kanaiyalal Shah Vs. State of Gujarat & 2 others – Judgment dated 6.1.2023 in Special Criminal Application (Quashing) No.3296 of 2014

MAYUR KANAIYALAL SHAH V/SSTATE OF GUJARAT & 2 other(s) (livelaw.in)