Introduction:
This is a famous Indian case in the world of intellectual property rights related to Copyright of Joint Authorship. In the month of November of the year 1957, the publication of the book called ‘India Wins Freedom’ which was the autobiography of Maulana Abdul Kalam Azad who was a Freedom Fighter and the First Education Minister, was due. However, unfortunately, Maulana Azad (Author of the Book), passed away before the actual publishing of the manuscript due to a stroke. Now, the question was, who will be the trustee of the unpublished book? So, National Archives, New Delhi and National Library, Calcutta came forward and agreed to become the trustees of the complete book including the unpublished 30 pages which were not published until the present judgement. Later, it was recognized and agreed that the seal of the complete book would only be broken with the consent of a close associate of the author, Professor Humayun Kabir, on 22nd February 1988. All the aforesaid requirements excluding the 30 unpublished pages, were granted in the form of written consent by the two legal heirs of the author, Fatima Begum (Grandmother of Najma Heptulla (Plaintiff)) and also Nooruddin Ahmed. Later, Professor Kabir entered into an agreement with Orient Longman Limited. for the publishing of the book (excluding 30 pages) and it was decided that the royalty would be distributed among the Indian Council of Cultural Relations, Fatima Begum and Nooruddin accordingly. Professor Kabir was designated as the composer of the book in the aforementioned agreement. It was also agreed that the publishing company would have the first right to publish the whole book after the seals would be broken on the day of 22nd February 1988. Later on, on 13th February 1988, the Plaintiff, Najma Heptulla issued a notice stating that she was not in favour to publish the entire book. Hence, a suit was filed for the ‘rendition of accounts’ and an order was issued against the Orient Longman Limited. restraining them to publish the entire book. Najma Heptulla (Plaintiff) sought relief against Orient Longman Ltd. (Defendant Number 01), a party to the agreement entered with Professor Kabir, who is claimed by his daughter to be the actual and real author of the book.[1]
What were the Plaintiff’s Contentions?
Najma Heptulla (Plaintiff), contended that Maulana Azad is the real author of the book ‘India Wins Freedom’ and has written the book during his lifetime.
The Plaintiff also contended that the real and original copyright is vested with the legal representatives of the real author who was Maulana Abdul Kalam Azad and since Najma Heptulla is the legal representative of the author, she owns the real copyright of the book and has full authority and choice whether to publish the manuscript or not. And is therefore submitted before the court that Orient Longman Ltd. has no right to publish the book and the agreement between Professor Kabir and Orient Longman Ltd. is completely void. The actual right exists with the legal representatives of the author.
What were the Defendant’s Contentions?
The defendants, in this case, contended that the agreement between Professor Kabir and Orient Longman Ltd. was completely valid. The defendants stated that Professor Kabir was a co-author with Maulana Azad and is fully authorized by the copyright owners to execute the agreement.
What were the Issues Presented Before the Court?
First and foremost, the issue of whether Professor Humayun Kabir is the original and only author of the book ‘India Wins Freedom’ or not was raised.
Secondly, the issue of whether Professor Humayun Kabir had any authority or power to execute the agreement dated 2nd September 1958 with Orient Longman or not was raised.
What did the Court observe?
The court referred to three English cases in determining the issues and judging the case, the first case is of Walter v. Lane[2] in which the speeches of Lord Roseberry verbatim was recorded by a reporter of The Times after making some minor changes in the speech. In this case, it was held by the court that the copyright was vested with the reporter.[3] Also, in the case of Donoghue v. Allied Newspapers, Ltd.[4], the court stated that if a person has a brilliant and most importantly, an original idea and if he appoints another person to express his (or hers) ideas in a written form, then the person writing it is vested with the real copyright.[5] Also, in the case of Levy v. Rutley,[6] the test of originality was applied but the court was reluctant to find joint authorship in which there was neither an agreement nor an intention to that effect.[7] Justice Kirpal kept the judgements of these cases in mind and these cases really helped him to provide with an accurate judgement regarding the case of Najma Heptulla v. Orient Longman Ltd.
The court, however, held that Professor Kabir was NOT the only author of the book ‘India Wins Freedom’ but a joint-author. In the preface to the said book written by Prof Humayun Kabir, Maulana Azad described his personal experiences in the Urdu language, and Professor Kabir used to prepare the draft in English. Now, according to the Copyright Act, the Status of an “Author” cannot be given to the person in whose language a literary piece is written while ignoring the person who worked upon the complete material. Since it is stated that both the literary piece and the language of the literary piece are jointly and equally important, it was held that Maulana Azad and Professor Humayun Kabir are both joint authors to the book, ’India Wins Freedom’.[8]
The court in the second contention held that Professor Humayun Kabir had the full power to carry out the agreement with the Publisher, Orient Longman Ltd. Since, Professor Kabir is not the only author of the book, it is really necessary for him to acquire the “nod of approval” of the legal heirs of Maulana Abdul Kalam Azad to enter in an agreement with Orient Longman Limited. However, the act of accepting the royalties of the book by the legal representatives of Maulana Azad was considered as the “nod of approval” and this act of accepting the royalties have been considered by the parties to the contract that the aforesaid agreement has their consent. And Hence, it was decided that the agreement was completely valid under the eyes of the law.[9]
Conclusion and Comments
This is a really important Indian case when it comes to the concept of Joint Authorship in the cases of Intellectual Property Rights. The concept of joint authorship is recognised under Section 2 (z) of the Copyright Act, 1957 clearly states that “work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors.” This is the concept which plays a huge role in the case of Najma Heptulla v. Orient Longman Ltd. By visiting the older English Cases, Justice Kirpal really provided with a perfect judgement and this just shows the importance of older judgements which doesn’t really mean that the judgements have to be Indian but can be English as well. This is a great case of copyright and it is really necessary for every law student to study and understand the importance of intellectual property rights in the modern world and also, why it is important to protect, safeguard and defend one’s intellectual property rights. This case also plays a huge role in defining the concept of copyright in the cases of joint liability in modern-day intellectual property cases as well. Hence, on the upcoming 25th World Book and Copyright day, it is really important and interesting to understand and study this particular case of Najma Heptulla v. Orient Longman Ltd.[10] The General Conference in Paris in the year 1995 was aimed “to pay a world-wide tribute to books and authors on this date, encouraging everyone, and in particular young people, to discover the pleasure of reading and gain a renewed respect for the irreplaceable contributions of those who have furthered the social and cultural progress of humanity.”[11] And as a result, the World Book and Copyright Day came into the picture and is celebrated on 23rd April every year. Hence, in the spirit of the World Book and Copyright Day, we understand the importance of Copyright Law in India and also the concept of Joint Authorship through this case.
References:
[1] Shivanshu, IPR Case Laws (Autosaved), Scribd, https://bit.ly/36McPIi
[2] (1900) AC 593.
[3] Feba Nisha, Blast From the Past: Concept of Joint Authorship in Najma Heptulla v. Orient Longman, theApprentice.in, 5 October, 2020, https://bit.ly/3iwqjdp.
[4] (1937) 3 All. E. R. 503.
[5] Donoghue v Allied Newspapers Ltd (1937) 3 All ER 503, Para:02, https://bit.ly/3ndT5TE.
[6] 1871 Vol. VI, Law Reports, C.P. VI, 523.
[7] Ekaterina Zabelina, Copyright exceptions in copyright law, 2016, para:04, https://bit.ly/2GkqUSF.
[8] Arunima Bishnoi, Delhi Law Faculty, Najma Heptulla v. Orient Longman Ltd. And Ors., Indian Case Law, Para:12, https://bit.ly/3jAKzvN.
[9] Ibid., Para:13.
[10] Feba Nisha, Blast From the Past: Concept of Joint Authorship in Najma Heptulla v. Orient Longman, theApprentice.in, 5 October, 2020, https://bit.ly/3iwqjdp.
[11] “World Book and Copyright Day 23 April.” United Nations, United Nations, https://bit.ly/36ywsnb.
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