Copyright

SpicyIP Tidbit: Parallel Import clause may be dropped


The Indian Express reports that the controversial amendment to Section 2(m) of the Indian Copyright Act may not be incorporated after all. We have blogged about this issue several times previously here, here and here. The report states that ‘the Union HRD Ministry may drop the clause for now and instead initiate a study on the impact that the amendment can have on the Indian publishing industry‘. Whether this is a product of lobbying on the part of the publishers,…


Read More »
Copyright

Saregama’s Lack of Standing to Sue


In this post, I will examine the decision in the case of the Eleventh Circuit Court of Appeals, upholding a lower court’s ruling that absolved music producer Timbaland and various record labels of illegally sampling a 1967 Bollywood tune for the song, “Put You on the Game”. Facts:In 1967, Shakti (the producer) and Gramophone, Saregama’s predecessor in interest, entered into an agreement regarding the soundtracks in the films produced by Shakti. The agreement was for a period of two years…


Read More »
Competition Law Copyright

Analysis of the Google Books Settlement


(Warning: Long post!) I provided a brief overview of the decision in the Google Books Search settlement case, wherein Justice Chin of the United States District Court rejected the proposed settlement entered into between Google, the Authors Guild and the publishing industry. In this post, I will look at the decision in greater detail, and briefly examine Google’s future options. What was the need for a Google Books settlement?Google Books is a service several of us as students, academicians and…


Read More »

SpicyIP Event: The 12th Annual IP Seminar, 2011


SpicyIP is pleased to announce the dates for three related IP events in Hong Kong and Macau. The events are being organised by the Institute for European Studies of Macau and Maastricht University Faculty of Law. For the Hong Kong leg it is co-organised by the Chinese University of Hong Kong. There are substantial concessions for Indian students and the fee details are as follows:Fees inclusive of accommodation for students from India:Up to 4 students from each University US$ 800…


Read More »
Competition Law Copyright

Google Books Settlement Rejected


In a decision sure to have important implications for antitrust, copyright law, digital archiving and class action issues, a federal district court in New York rejected the settlement that Google had reached with layers of publishing houses and authors themselves, to digitise books to create a universal library of digital content. After a significant lull in the updates on the Google Book Settlement, the long-awaited decision has finally come through, putting to rest the $125 million deal, in its current…


Read More »
Copyright

Media Piracy in Emerging Economies and Satirical Licenses


The Social Science Research Council recently released a study titled ‘Media Piracy in Emerging Economies’, an independent, comparative study of media piracy and enforcement, with a focus on the social benefits of media piracy in different developing countries. The study is commendable for stressing on the aspects of affordability, development, access and pricing – issues that are often found wanting in the rhetoric of participants in most piracy debates, who reiterate the issues of lost sales, stricter enforcement and criminal…


Read More »
Copyright Trademark

ICC-Cricket World Cup and IP Enforcement


Just on the back of the exciting India-England tie, we have an interesting cricket-related IP tidbit. There’s absolutely no doubt that the International Cricket Council (“ICC”) takes it intellectual property very seriously, given that the captain of the Indian team himself was rebuked for ‘ambush marketing’, in violation of the guidelines for endorsements and commercials issued by it, just before the World Cup. So it came as no surprise when we received an anonymous tip this morning about a cease…


Read More »
Event

SpicyIP Announcements: Extension of deadline for IJIPL


The deadline for submissions for Volume 4 of the journal ‘Indian Journal of Intellectual Property Law’ has been extended to February 28th, 2011. The Submissions must be made in accordance with the Submission Guidelines and Editorial Policy found in the ‘submissions’ section of their website: www.ijipl.com Submissions are to be mailed to [email protected] For any queries please mail: [email protected]


Read More »
Copyright

Reminder: Conference on ‘Indian Copyright Law: A Social Perspective’


SpicyIP would like to remind our student readers about the conference being conducted by the Inter-University Centre for IPR studies in association with the HRD Chair on IPR, Cochin University of Science and Technology, from March 10-12, 2011 . The theme for the conference is ‘Indian Copyright Law: A Social Perspective’. The website been updated with additional details, including tentative speaker lists and details regarding accommodation, student presentations etc. There is also the option of registering online here. The last…


Read More »
Copyright

Amendment to S.2(m) – Copyright Standing Commitee Report


Continuing with my series on analysing the Parliamentary Standing Committee’s report on the amendments to the Indian Copyright Act, in this post, I will focus on the proposed definition of ‘infringing copy‘ under Section 2(m) of the Act (I apologise for the long gap between the two posts – been having trouble with my laptop the past few weeks) CURRENT PROVISION:Clause 2 (m) of the Act defines the expression ‘infringing copy’ as a (a) reproduction of a literary, dramatic, musical…


Read More »