- (1.) THE petitioners have prayed for an appropriate Writ of Mandamus to command the respondents and in particular the State respondents to take action against the Video Piracy in accordance with West Bengal Cinema Regulation Act, 1954 as amended by the Government Notification No. 6018-IC dated 2nd April, 1987 and West bengal Taxation Laws (Second Amendment) Act, 1987 as notified by the government Notification No. 2250-FT, 2251-FT and 2252-FT all dated 3rd july, 1987 and the Copyright (Amendment) Act, 1984 and also to command the State Respondents to seize all the unauthorised Video cassettes and to secure that the provisions of West Bengal Taxation Laws (Second Amendment) Act, 1987, the West Bengal Cinemas Regulation Act, 1954 and the Rules framed thereunder and the Copyright Act, 1982 be effective strictly in accordance with the said Statute and for all other consequential reliefs for enforcement of the provision of Section 64 of the copyright Act against Video owners running shows in hotels, restaurants, coffee houses, and shops and showing video shows. It is stated in details that the petitioner no. 1 Coalbelt Cinema Exhibitors' Association is a registered Association of Cinema Exhibitors under the Societies registration Act and the petitioner nos. 2 to 7 are the owners/licensees of various Cinema Houses. It is further stated that the instant case relates to unauthorised video shows being shown by the owners of the Video Parlours situate in the District of Burdwan. The petitioner No. 1 has its 35 (thirty-five)members and a great number of persons are affected and since they cannot come and join as parties, leave was obtained to move the petition under Rule 11 of the Calcutta High Court writ Rules to maintain the writ application in a representative capacity. It is further stated that a large number of writ petitions were moved in this Court in the year 1985 and suhas Chandra Sen J. In Civil Order No. 94 (W) of 1985 held inter alia that west Bengal (Regulation) Act, 1954 clearly applied to the petitioners' exhibition of films through videos The definition of the word "cinematograph" was wide enough to (include videos and it was further held that without amending the West Bengal Cinemas (Regulation and public Exhibition) Rules, 1956 and the prescribed conditions of the licences, it will be unreasonable to require the exhibitors of video films to take licence under the said West Bengal Cinemas (Regulation and Public exhibition) Rules, 1956. It was, however, made clear that the State will be at liberty to make suitable amendments in the Rules and also the conditions of the licence and thereafter may require the petitioners to obtain necessary licence/s for organizing video shows, it is also placed on record that in due compliance of the said judgement and observation and directions as contained thereof, the Government of West Bengal, department of Information and Cultural Affairs published in the Calcutta gazette (Extraordinary) Part-I No. 174b dated 2nd April, 1987 and issued a public Notification bearing no. 6018-ICA dated 2nd April, 1988 in exercise of the power conferred by Section 9 of the West Bengal Cinemas (Regulation and Public Exhibition) Rules, 1956 was made. The case of the petitioners is that after the amendment of the said Rules it is clear that no person can take step of exhibition of films through video tapes for commercial purpose without obtaining necessary licence for video tapes and no film can be exhibited through video unless the said film is certified by the Central Board of Film Circulation or Exhibition through the medias of videos and televisions and further no film which has not been certified by the Central Board of Film Certificate shall be retained, displayed or stored for commercial purpose for video shows and in the case of special cinematograph exhibition, it can be done only for a limited purpose upon a prior sanction of the Commissioner of Police or the District Magistrate and upon the declaration thereof as contained in the Government Order No. 6019- 6019-ICA dated 2nd April, 1987. It is further stated that by notification No. 2252-FT dated 3rd July, 1987 the Government of West bengal Finance Department (Taxation) declared inter alia that in exercise of the power conferred by sub-section (3) of Section 4a of the West Bengal entertainment-cum-Amusement Tax Act, 1982 (West Bengal Act VI of 1982) and in supersession of the department Notification No. 1304-FT dated 1st April, 1986, the Government specified that the Luxury-cum-Entertainment and Amusement Tax under Clause (B) of the said subsection shall be Rs. 750/- per week per set or sets or holder of video cassette recorder sets who makes any performance or exhibition of film through such set or sets in a hotel (other than having lodging facilities), shop, restaurant or business place and is not liable to pay tax under sub-section 1 (1) of the said Section and such tax payable for a week shall be paid within 7 (seven) days from the end of each week. The said notification is said to have come into force on 10th of July, 1987. By another notification bearing no. 2250-FT dated 3rd July, 1987, the Government declared that in exercise of power under sub-section 2 of Section 1 of the west Bengal Taxation Laws (Second Amendment Act, 1987) the appointed day is as on 10th July, 1987. By another notification no. 2251-FT dated 3rd July, 1987, the Government further notified that the provisions of section 7 of the said Act in so far as the provisions relates to Section 4a (3) (b) of the West Bengal Entertainment-cum-Amusement Tax Act, 1982 as amended. It is stated that the Copyright Act was amended by Act no. 65 of 1984 under the name and style of Copyright (Amendment) Act, 1984. In the said amended Act and in Section 2 in the explanation clause it has been provided that for the purpose of Copyright Act, Video Films shall also be deemed to be work produced by a process anologous to cinematography. Section 52a of the said Copyright (Amendment) Act provides further that no person shall publish a record in respect of work unless the following particulars are displayed on the record and in container thereof namely: (a) The name and address of the person who has made the record. (b) The name and address of the owner of the Copyright in such work. (c) The year of its first publication.
(2.) SUB-SECTION 2 of the said Section provides that no person shall publish a Video film in respect of any work unless the following particulars are displayed in the Video film when exhibited on the Video Cassette or other container thereof only namely: (a) If such, work is a cinematograph film required to be certified for exhibition under the Cinematograph Act, a copy of the certificate granted by the Board of Film Certification under section 5a of the respect of such work. (b) The name and address of the person who has made the Video film and a declaration by him that he has obtained the necessary licence or consent from the owner of the Copyright in such work for making such Video film. (c) The name and address of the owner of the Copyright in such work.
(3.) SECTION 63a of the amended Act provides the penal consequences for violation of the said Copyright Act for exhibiting Video films Republic in contravention of Section 52a and Section 64 of the said Amended Act provides inter alia that "any Police Officer not below the rank of sub-Inspector may, if he specifies that an offence under Section 3 in respect of the infringement of Copyright work has been or is being or is likely to be committed, seize without warrant all copies of work and all plates used for the purpose of making infringed copies of the work wherever found and all copies and plates so seized shall, as soon as practicable be produced before the Magistrate. It is stated that from the above provisions of the Amendment of the Copyright Act, 1984, the West bengal Cinemas Regulations Act, 1954 and the West Bengal Cinemas regulations and Public Exhibition Rules, 1956 and the West Bengal taxation Laws (Second Amendment) Act, 1987 the exhibition of Videos of public, more particularly in hotel, shop, restaurant or business places is restricted only to those who obtained prior licence under the West Bengal cinemas Regulations Act, 1984 on regular payment of entertainment tax as specified therein and as amended from time to time and they are prohibited from exhibiting any Video film in contravention of Section 52a of the Copyright (Amendment) Act, 1984.;