Category Archives: Copyright

Copyright Innovation

Breaking: Bombay High Court Rules against Statutory Licensing for Online Streaming Services

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A recent judgement of the Bombay High Court may have finally put to rest the convoluted saga of the applicability of the statutory licensing scheme under the Copyright Act to online streaming services. In a blow to online music services in India (looking at you, Spotify), in Tips Industries v Wynk Music, Mr. Justice Kathawalla has comprehensively rejected the claim that online streaming services are eligible for being granted statutory licenses for broadcasting under Section 31D of the Copyright Act….


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Copyright

SpicyIP Fellowship 2019-20: Article 13 (of the EU Directive) and The Economics of Copyright Enforcement in the Digital Age

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We’re pleased to pleased to bring to you a guest post by our Fellowship applicant, Arushi Gupta. Arushi is a 2nd year student at Maharashtra National Law University, Mumbai. This is her second submission for the Fellowship. Article 13 (of the EU Directive) and The Economics of Copyright Enforcement in the Digital Age Arushi Gupta On 26th March 2019, the Parliament of the EU passed the amended EU Copyright Directive. In previous posts on SpicyIP, here and here, the developments…


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Copyright

Breaking: Delhi High Court Issues India’s First ‘Dynamic’ Website Blocking Injunction for Copyright Infringement

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Online piracy, that bugbear of copyright owners, has received significant attention from courts in India and abroad, which hope to craft an elegant solution to protect rightsholders interests in a digital economy, who face inherent limitations considering the manner in which data sharing and information flows over the internet work. The Delhi High Court through its judgement in UTV v 1337x.to, delivered on April 10, has made a significant contribution to this jurisprudence in India, particularly by crafting a new…


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Copyright

From Betamax to Youtube – How Copyright Laws Have Impacted Innovation

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The Sony Betamax case may be familiar to some readers of this blog. The US Supreme Court ruling first elaborated the concept of ‘substantial non-infringing use’ as applied to the sale of technologies which could enable piracy or copyright infringement. In many ways, this ruling and the rationale behind it have been applied to subsequent technologies and regulations around these technologies – from p2p filesharing, to, most recently, online content hosting platforms. The Betamax and its history should be carefully…


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Copyright

The Case for the Moral Rights of Javed Akhtar in the Song ‘Ishwar-Allah’

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Last week saw the release of the trailer of ‘PM Narendra Modi’, the much-awaited biopic of our current Prime Minister which is set to hit screens on April 12, 2019. While it has garnered differing reviews, it has resulted in yet another controversy associated with the film (the Election Commission of India is already looking into whether the release of the movie would violate the Model Code of Conduct for candidates, see here and here). This latest controversy involves the…


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Copyright

Breaking: EU Adopts New Copyright Directive on the Digital Single Market

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The European Parliament has voted in the EU Copyright Directive for the Digital Single Market, 348-274. The vote followed high drama and widespread public mobilisation against the proposal, specifically on its impact on the rules for online platforms and user-generated content on the internet. The text of the directive has seen many iterations, but most of the objections to the directive focus on its rules regarding the responsibilities of online platforms which host user generated content, as well as the…


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Copyright Trademark

Draft E-Commerce Policy Extends India’s Intermediary Liability Woes

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It’s been a rough time for online intermediaries operating in India, lately. Jumping on the techlash bandwagon in the wake of multiple social media fiascos concerning online disinformation, data breaches, and mass propagation of hate speech and abuse, governments across the world are taking this as an opportunity to tighten regulation for online ‘intermediaries’ – platforms which host third party content, such as social media or online marketplaces. Similarly, the hornet’s nest of intermediary liability for copyright and trademark infringement…


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Copyright

Section 31D of the Copyright Act Does Not Cover Internet Broadcasting

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We’re pleased to bring to you a guest post by Swaroop Mamidipudi. Swaroop is an advocate practicing in copyright law at the Madras High Court. He has guest blogged for us in the past as well (see here and here). Section 31D of the Copyright Act Does Not Cover Internet Broadcasting Swaroop Mamidipudi The Spotify litigation (covered here) centres around the question that has been simmering around the Indian copyright scene for some time – does the statutory licensing regime…


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Copyright

Breaking: The Background Music to Spotify’s India Launch is a Crucial Legal Battle on Music Copyright

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It’s the one we’ve all been waiting for. Spotify, the Swedish music-streaming service, finally launched in India after months of speculation as to when and how the service would reach Indian consumers. Yet, an as yet unknown number of works in Spotify’s catalogue are in a precarious position, and could at any moment be pulled from the service. While we enjoy tunes from the world’s largest online streaming service, the background music to the launch is an intense legal battle…


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Copyright

Update: European Union Agrees on Copyright Directive Text, ‘Upload Filters’ and ‘Link Tax’ Closer to Becoming Internet Norms

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In a major development in the European Union with repercussions for the internet at large, the European Parliament, the Council of the EU and the European Commission on February 13, 2019, agreed upon the final text of the new EU Copyright Directive. While the text of the new rules has not yet been released, and they are yet to be officially confirmed by the parliament and council, a press release by the European Commission stated that a political agreement was…


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