Recently, the Delhi High Court by way of the judgment in
Kiran Shoes Manufacturers Vs. Registrar of Copyrights
& Anr. [2013 (54) PTC 386 (Del.)
(DB)], has once again reiterated that making over 50
copies of an artistic work by way of an industrial process, takes
the said work out of the purview of Copyright protection.
Section 15 of the Copyright Act states that
"...Copyright shall not subsist under this Act in any
design which is registered under the Designs Act,
1911".
Copyright in any design, which is capable of being registered
under the Designs Act, 1911 (2 of 1911) [Now the Designs Act, 2000
(16 of 2000)], but which has not been so registered, shall cease as
soon as any article to which the design has been applied has been
reproduced more than fifty times by an industrial process by the
owner of the copyright or, with his license, by any other
person.
