A Mumbai resident, Anil Karkhanis, has been granted a licence by the Bombay High Court to produce and publish a Marathi translation of 'The Spirit's Pilgrimage,' authored by Mahatma Gandhi's disciple Madeleine Slade, also known as Mirabehn.
Justice Manish Pitale was hearing a petition filed by Karkhanis under section 32 of the Copyright Act, which grants rights to any person to apply for a license to reproduce and publish work after the expiration of a specified period from the date of the first publication.
HC directed registrar to publish a notice
Last November, the HC directed the Registrar of Copyrights to publish a notice calling for objections from persons claiming any interest in the copyright over the work within 120 days. Karkhanis was asked to get the notice published in two newspapers.
The court noted that more than 120 days have passed after the publication of the notices and that there was no objection raised by any person. Hence, the petitioner can be allowed to publish subject to him abiding by his undertaking that he would secure the royalty payable to the right owner, if any, by depositing the royalty with the High Court.
Petitioner undertakes to deposit the royalty in court
Allowing the petition, the HC noted: “The 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.”
The court recorded in its detailed order: “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.”
