Category Archives: Copyright

Copyright

SpicyIP Fellowship 2019-20: Do Not ‘Broadcast Yourself’ over Trivial Claims – Applying the De Minimis Standard to Copyright Claims on YouTube

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We’re pleased to bring to you a guest post by our fellowship applicant, Antony Moses. Antony is a 4th year student at NUALS, Kochi. Do Not ‘Broadcast Yourself’ over Trivial Claims: Applying the De Minimis Standard to Copyright Claims on YouTube Antony Moses Recently, YouTube made changes to its copyright enforcement policy. The new policy prevents copyright owners from making use of the “Manual Claims” tool to claim copyright infringement for: Short song clips (eg: 5 Secs of a song)…


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Copyright

Broadcasting, Internet and Section 31D of the Copyright Act

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We’re pleased to bring to you an insightful guest post by Jagdish Sagar, an independent lawyer practicing largely in the field of copyright and entertainment law in Delhi, on the (in)applicability of the statutory licensing scheme under Section 31D of the Copyright Act to internet broadcasting. Mr. Sagar was formerly a partner at Anand and Anand till 2011. Prior to that he was a civil servant till 2004. During his service with the Central Government he served as the Joint…


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Copyright Privacy

CJEU Endorses ‘Notice and Stay Down’ For Illegal Online Content

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In a major ruling on October 3, 2019, the CJEU in Case C-18/18 – Eva Glawischnig-Piesczek v Facebook Ireland Limited, held that national courts may direct injunctions against online content-hosting intermediaries like Facebook, which require the intermediary to block the specific content globally, as well as blocking identical or equivalent content or information. This marks a crucial turn in online content regulation in the EU, as it explicitly endorses a ‘notice-and-stay down’ standard for content removal, and endorses upload filters…


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Copyright

Tips Industries v. Wynk Music: A Case of Statutory Mis-Interpretation?

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We’re pleased to bring to you a guest post by Karan Dhalla, a 4th year student at the National Law School of India University, Bangalore. The post critically analyses the judgment passed by the Bombay High Court in Tips v. Wynk earlier this year, wherein it was held that the statutory licensing scheme under Section 31D of the Copyright Act does not apply to internet broadcasting. We’d covered this judgment in an earlier post here.     Tips Industries v. Wynk Music: A Case…


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Copyright

The IMI-Deloitte Report on the Indian Music Industry: Can Piracy Still Be a Problem in a World of Free Music?

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The Indian Music Industry (IMI) which is the primary lobbying arm for the music industry, along with Deloitte’s consulting arm, has recently released a report on “The Economic impact of the recorded music industry in India”. The report is an attempt to place a value, not on the music industry, but its contribution to the economy by valuing its contribution to the various industries which use music as a “raw material”. As per the report, the music industry created a…


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Copyright

Band Baaja Baaraat & Copyright

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Indian weddings are an expensive affair- a recent survey reports that 20% of all loans taken by young Indians in 2018-2019 was to fund their wedding expenses! It comes as some respite then for betrothed couples that the Indian Copyright Office has recently clarified (in a Public Notice No. 10-26/2019-CO) that licences are not required for utilisation of sound recordings in the case of marriage related functions. The clarification pertains to section 52(1)(za) of the Copyright Act. Section 52(1)(za) lays…


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Copyright

On Gandhi, Malamud and the JNU Data Depot

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In response to my piece on the ‘JNU data depot’, I received a couple of emails from Carl Malamud alleging factual inaccuracies in my piece. I invited him to respond to the errors on SpicyIP, in response to which he started to abuse me. When I told him, I was going to publish the abusive email on SpicyIP, he apologized and the next day withdrew the apology in another abusive email. He then publicly attacked SpicyIP on Twitter.  I find…


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Copyright

Is the Clock Ticking for TikTok’s Intermediary Liability Exemptions?

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A recent stand-off between TikTok and ShareChat, two major online social media platforms in India has brought to fore several issues and inconsistencies in India’s intermediary liability regime. On August 23, it was reported that ShareChat, the ostensibly ‘homegrown’ social media app, complied with certain takedown notices sent by TikTok over content which had previously been shared on TikTok, claiming it had ‘exclusive rights’ over such content, and it was being uploaded and shared without authorisation on ShareChat. On August…


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Copyright

Is the JNU Data Depot Even “Reproducing” Papers?

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There have been two pieces on this blog about Carl Malamud and Andrew Lynn’s JNU data depot project and whether it violates Indian copyright law. While Dr. Arul George Scaria argued that it doesn’t, and argued that section 52(1)(a)(i) of the Copyright Act, 1957 would protect this project, the indefatigable Prashant Reddy argued otherwise. The debate needs more hard facts on how the data depot acquired the data to decide this way or that, but I would think, making certain…


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Copyright

Malamud’s New TDM Venture May Not be Shielded by Section 52 of the Copyright Act

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Carl Malamud is at it again, riling up copyright owners and setting the stage for yet another lawsuit on a fascinating copyright issue. His latest effort to ‘liberate’ copyrighted information from scientific publishers is an enterprising venture, called the ‘JNU Data Depot’ which is based out of the Jawaharlal Nehru University (JNU) and which was the subject of an excellent report by Priyanka Pulla in Nature. In the past, Malamud has provoked a firestorm of a debate in multiple jurisdictions,…


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