Category Archives: Copyright

We’re pleased to bring you a guest post by our former blogger Aparajita Lath. Aparajita is a lawyer based in Bangalore. She works in a law firm that advises technology companies. The views expressed in this post are personal. Her previous posts on the blog can be viewed here and here. Supreme Court’s S. 63 Copyright Decision: Sub Silentio and Limited Value? Aparajita Lath As reported on SpicyIP here, the Supreme Court has held that copyright infringement under Section 63…

The Supreme Court’s Unsettling Attempt at Settling the Debate on Section 63 of the Copyright Act

by SpicyIP May 24, 2022

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meme text: If i download a movie in jamaica, am i a pirate of the carribean

We’re pleased to bring you a guest post on a recent Supreme Court order where certain offences under the Copyright Act were held to be cognizable and non-bailable. The post is co-authored by Akshat Agrawal and Sangita Sharma. Sangita is a 3rd year student at Gujarat National Law University and has written for us earlier here. Akshat is a lawyer currently litigating at the Patna and Delhi High Courts. He has written for us earlier here. The Supreme Court’s Unsettling…

Delhi High Court Appoints an Academic Expert to Aid the Court in Interpreting Section 52(1)(za) of Copyright Act

by Praharsh Gour May 17, 2022

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Some ten years ago, post Prof. Basheer’s intervention before the Supreme Court in the Novartis case, Prashant had commented “Academics in India are usually cloistered in their classrooms and conference rooms. I hope we have several more of such interventions, especially since we now have a breed of brilliant young academics in India”. And now almost a decade later, the Indian judiciary will be assisted by another academic in an IP dispute, this time in form of Prof. Arul George…

New(s) Questions and Fair Use: Using Copyright to Curtail Expression?

by SpicyIP May 3, 2022

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We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? Akshat Agrawal The Bombay High Court through order dated 27th April 2022…

A (More!) Problematic Plagiarism: Thinking About The Allegations Against UGC

by SpicyIP April 16, 2022

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We’re pleased to bring you a guest post by Lokesh Vyas thinking through the implications of ‘authoritative’ bodies engaging in plagiarism or lifting of content, as he looks at the recent allegations of plagiarism against the University Grants Commission. Lokesh is an LLM Candidate (IP and Technology) at American University Washington College of Law (AUWCL), Arcadia Fellow at PIJIP, and Arodhum Scholar, 2021. He graduated from the Institute of Law Nirma University, Ahmedabad in 2021. You can find his earlier…

PPL’s Revival or Reincarnation?

by SpicyIP April 15, 2022

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We’re happy to bring you a guest post by Akshat Agrawal on a recent order by the Delhi High Court in the matter of RMPL v. PPL regarding the conflict over registration as collecting societies. Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. He has previously written for us here, here, here and here. PPL’s Revival or Reincarnation? Akshat Agrawal In a recent order dated 11th April 2022, passed by…

News and Views: Copyright Hues and Authors’ Dues

by SpicyIP March 28, 2022

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We’re pleased to bring to you this guest post by our former fellow Aparajita Lath. Aparajita is a lawyer based in Bangalore. She works in a law firm that advises technology companies. The views expressed in this post are personal. Her previous posts on the blog can be viewed here, here, here and here. News and Views: Copyright Hues and Authors’ Dues Aparajita Lath Tensions between news publishers and digital platforms providing search and news aggregation services have been growing globally for…

Delhi High Court Revives PPL’s Copyright Society Registration Application, Sets Aside Registration of RMPL

by Divij Joshi March 27, 2022

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The seemingly never-ending saga of copyright licensing societies in India has taken a fresh turn after the Delhi High Court (through Justice Yogesh Khanna) in its judgement of March 9, 2022, accepted Phonographic Performance Limited’s (PPL) Writ Petitions directing the Government of India to reconsider PPL’s application for registration as a copyright society, and accordingly, to set aside the registration of Recorded Music Performance Limited (RMPL) as a copyright society for sound recordings. We have previously written about the PPL/RMPL…

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

by Divij Joshi March 15, 2022

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We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Mili is a graduate of Institute of Law, Nirma University, currently completing her LLM at LSE. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. Introduction The economic health of the traditional news media and publishing industry has deteriorated over the years, which is concerning for the…

Novex Communications Pvt. Ltd. v. DXC Technology Private Limited – Analysis II

by Mathews P. George January 31, 2022

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Earlier Posts: Summary and Analysis I Is it mandatory to be a member of copyright society to carry out the business of issuing or granting licences in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph film or sound recordings? I am of the view that the copyright framework gives authors and owners of right an option to join or not join a copyright society in order to conduct the business of issuing or granting licences in…

Aparajita { Rajkumar, here - https://spicyip.com/2022/05/the-supreme-courts-unsettling-attempt-at-settling-the-debate-on-section-63-of-the-copyright-act.html. }
{ Hi Madhukar - thanks for your comment. The argument of the Hindi version being different from the English version is very compelling. After your comment, i checked the... }
Akshat { Not at all. That is not my premise at all. Our whole “argument” is based on the fact that such an interpretation, as taken by the SC, has... }
Sunitha Reddy { Does that mean I can use the songs for my ytube channel without copyright? Please let me know sir/madam }
SALONY KUMARI { I want this course to build up some knowledge. }