Bombay HC orders Publishing of Public Notice In Plea seeking licence to Translate 'The Spirit’s Pilgrimage'

A Single Judge Bench of Justice Manish Pitale of the Bombay High Court has directed the Registrar of Copyrights to publish a public notice in a plea seeking a license to translate “The Spirit’s Pilgrimage” authored by Madeline Slade known as Mira Behn in Marathi. The said author is a disciple of Mahatma Gandhi.

The book authored by the disciple of Gandhi was published in India in the year 1960 by Orient Longman Private Limited and in Britain by the publisher Longmans, Green & Co.

The counsel for the petitioner argued before the court that as per Rule 32 and Rule 33 framed under the Copyright Act the petitioner is ready to pay royalty and has satisfied all three conditions under Section 32 of the Act. The three conditions are as follows:

1. Work is published in India

2. 7 years have elapsed after publication.

3. Application is made in Form IV

The petitioner informed the court that he had tried tracing the original publishers, but none of the publishers exist as of today. Further, the court was also informed that the petitioner found an abridged version of the said work which was translated by one Ranga Marathe and was published by Kirloskar Press. However, neither the translator nor the publisher exists today to pursue the matter, he alleged.

The petitioner also informed the court that the translation is not for private use or any commercial enterprise and is done in the public interest.

The High Court while referring to Rule 33 said that as per Rule 33 of the Act, the court, if it thinks fit, can allow the publication of notice in one or two newspapers and send a copy to the owner of the copyright. However, in the present case, the owner could not be traced; therefore, the court was satisfied and allowed the publication of the notice and two newspapers.

The High Court allowed the publication of the notice in the Free Press Journal and Loksatta (Marathi) and also directed the registrar to publish the notice.

The case is listed for hearing on 15.02.2023.

Case Title: Anil G. Karkhanis vs Kirloskar Press, Mukund Nagar, Pune