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ARTICLE · 15 APRIL 2009

Supreme Court revisits Fair Use Doctrine

Yakshagana is a form of ballet dance, having its own unique heritage.

IndiaIntellectual Property

Yakshagana is a form of ballet dance, having its own unique heritage. Dr. Kota Shivarama Karanth, a Novelist, Play Writer, Essayist, Encyclopediationist, Cultural Anthropologist, Artist, Writer of Science, Environmentalist and Jnanapeeth awardee, had developed a new form of `Yakshagana' and the Director of the Academy of General Education, Manipal expired in December 1997. Dealing with a copyright dispute emerging from his work, involving the Academy he chaired and his beneficiary, is the matter of Academy of General Education, Manipal and Anr. v. B. Manini Mallya 2009 (39) PTC 393 (SC) in appeal from the Karnataka High Court' verdict.

Yakshagana Ballet had been developed by Dr. Karanth and was performed in New Delhi in September 2001. Manini Mallya, in whose favour Dr. Karanth had executed his Will had filed a suit for declaration, injunction and damages alleging violation of the copyright in respect of the said dance vested in her in accordance with the terms of

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