Category Archives: Copyright

Copyright

Old Is No Longer Gold: Do Copyright in Films/Songs Expire with the 60 Year Limit?


We are pleased to present this piece by Mr. Rajesh Kumar and Ms. Akanksha Badika on the unresolved issues surrounding the term of the copyright in sound recording/cinematograph film and underlying work(s) under the Copyright Act, 1956. Rajesh Kumar works as the Head of Legal and Akanksha Badika works as the Legal Executive at Bhansali Productions, Mumbai (a film production house). Their practice predominantly revolves around copyright law, litigation and advising on all matters related to films that are emanating…


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Copyright Others Overlaps in IP

The Amendment to the IT Rules, 2021: Part 2 – Locked, Loaded, and Aimed at the Intermediaries


meity logo

We’re pleased to bring our readers Part 2 of the series by Surabhi Pande and Devvrat Joshi looking at the proposed draft amendments to the IT Rules, 2021. The first part looked at two specific proposed provisions and argued that they would impact the ability of intermediaries to avail safe harbour provisions. This second part continues the analysis of the draft amendments, looking at some of the remaining provisions and takes issue with the lack of clarity. Readers may be…


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Copyright Others Overlaps in IP

The Amendment to the IT Rules, 2021: Part 1 – Locked, Loaded, and Aimed at the Intermediaries


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We’re pleased to bring our readers a 2 part guest post series by Surabhi Pande and Devvrat Joshi, on the recently proposed draft amendments to the IT Rules, 2021 (which were released on 6th June, 2022). The first part of this series focuses on two specific proposed amendments which they argue will severely impact the ability of intermediaries to avail of safe harbour provisions. Surabhi Pande and Devvrat Joshi are both Senior Associates in the Dispute Resolution Team at Saikrishna…


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Copyright Others Publication

Some Reflections on “Present at Creation”


Book cover

We’re pleased to bring you a post by Prashant reflecting on a book that we’d mentioned recently on the blog – Dr. R.V. Vaidyanathan Ayyar’s “Present at Creation”. As had been mentioned in that earlier blog post, Dr. Ayyar’s 421 paged “Present at Creation: The Making of Internet Treaties 1996” is perhaps the first book that focuses on the negotiating history of the two 1996 Internet Treaties – the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty…


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Copyright

Supreme Court’s S. 63 Copyright Decision: Sub Silentio and Limited Value?


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…


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Copyright

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


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…


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Copyright

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


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…


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Copyright

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


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…


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Copyright Others

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


logo of UGC

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…


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Copyright

PPL’s Revival or Reincarnation?


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…


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