Daijiworld Media Network – Udupi (SP)

Udupi, Dec 9: The Supreme Court has upheld the earlier judgments of the local district court as well as Karnataka High Court, that the copyrights over the seven Yakshagana ballets created by the late Dr Shivaram Karant lie with Malini Mallya, after the death of the great writer, director, and Yakshagana exponent.

The Supreme Court, while dismissing appeals preferred against the earlier judgments by Manipal Academy of General Education, MGM College, and Udupi Yakshagana Kendra, said that they can use the ballets under the circumstances explained below.

As the appellants are educational institutions, the Supreme Court said that the cases in which section 52, (a) (i) and (1) of sub-section (1) of section (1) of the Copyright Act are complied with, such cases cannot be construed as violation of the rights. As such, circumstances under which these ballets can be made use of by the appellants are, a. private use, b. research, analysis and critical analysis, c. when they are exhibited in front of audience which is not charged, and d. if the institution concerned falls under the category of amateur organization.

Barring the above clauses, the Supreme Court has upheld the sole and undisputed right of Malini Mallya over these ballets.