Category Archives: Copyright

Copyright Trademark

Examining the Delhi High Court’s Jurisdictional Quagmire on Online Elements – Part I


Over the past few years, the Delhi High Court has had a number of occasions to consider the question of jurisdiction in trademark and copyright cases. One common thread between many of these has been the element of online transactions, where jurisdiction rests on the Court’s interpretation of the impact of online transactions on a traditional jurisdiction analysis. However, despite this element becoming ever more ubiquitous, the jurisprudence around online jurisdiction has become more convoluted. In this post I aim…


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Copyright

PPL’s Festive Victories: Wins Favourable Orders from Both Madras & Bom HC


Keeping with what appears to have become a sort of tradition around this time of year, (see here) PPL recently kicked up quite the storm(s) at the High Courts of Madras and Bombay. Right before the courts shut for the festive season, PPL managed to get favourable orders from both the courts – against certain restaurants, pubs, bars and other venues (hereinafter, defendants). The orders were a result of several suits instituted by PPL against the aforementioned defendants, apprehending the…


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Copyright

Does the Copyright Act Stand in the Way of Access to Legislations? : PIL Claims Bare Acts by Private Publishers Infringe Govt’s Copyright


It is no secret that the governments in India, both Union and State, have a dismal record in maintaining an authentic and easy to access database of legislations and judicial/executive decisions. Although things might have marginally improved over the last few years, most of the government websites continue to have a poor track record of collating legislations and judicial/administrative orders coherently. Legislations along with their amendments and connected sub-ordinate legislations are more often than not scattered across different websites and…


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Copyright

IPRS Gets Re-registered as a Copyright Society – Akhtar & Saregama Bury the Hatchet


The Indian Performing Rights Society (IPRS) has at long last been re-registered as a copyright society, under the Copyright Act, by the Registrar of Copyrights. The re-registration took place on November 28, 2017. As our readers may be aware, IPRS has been ‘ground zero’ for the turmoil and conflict between the authors and the music labels over the control of copyright societies. Originally constituted in 1969, as a company limited by guarantee under the Companies Act, 1956 IPRS was first…


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Copyright

Madras HC: Producer’s Right to ‘Communicate to the Public’ Includes the Right to Dub


The Madras High Court, in Thiagarajan Kumararaja v. M/s Capital Film Works and Anr. recently held that the producer of a film has the right to dub that film in any other language, subject to any agreement to the contrary. This is the first time that the Court has explicitly deliberated on the rights of the producer qua the author of the script regarding dubbing of a film. The judgement is available here. Brief Background The writer of the script…


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Copyright

Global Music Record Industry Plays the Fight Song Loud, as “Stream Ripping” Explodes to be the Most Aggressive Form of Piracy


We are pleased to bring to you a guest post by Simrat Kaur. Simrat is a New Delhi based IP lawyer. She pursued her undergraduate law course from Rajiv Gandhi National University of Law, Punjab and masters law course from National University of Singapore. After having worked with leading Indian law firms (Anand & Anand and Luthra & Luthra Law Offices), she has recently started independent practice under the banner “The Endretta”. While working with the said law firms, she has…


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Copyright Others

Char-Surly tales of Carnatic Music Labels


Disclaimer: I’ve been specifically requested not to use names of those who I am quoting or whose experiences I am highlighting. Hopefully at the end of this article, you can understand why. This is going to be a very different Spicy IP post. First, we are going to deal with Copyright in Carnatic Music, a topic we’ve rarely blogged about except here and here. (I would recommend the reader to read both those posts in order to get an understanding…


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Copyright

CopyrightX @ Harvard – Applications for 2018 Are Now Open!


CopyrightX is an online course offered by Harvard University which can offer you a US-centric perspective on copyright law, and has opened applications for its 2018 batch. With a novel course structure and a great community, our readers from both legal and non-legal backgrounds might find this course incredibly meaningful in understanding modern copyright law in the digital age. CopyX is now accepting applications for the batch of 2018! We have written in detail about the course here, and you…


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Copyright

Turmoil in the Music Industry Continues, as ISRA Suffers Setbacks Before the Delhi High Court – Time for Some Truth & Reconciliation?


A Division Bench of the Delhi High Court led by Justice Ravindra Bhat, on November 2, 2017 recently set aside three compromise decrees recognizing settlement deeds between the controversial Indian Singers Rights Association (ISRA) and two defendants. These lawsuits are not the same ones which we have discussed earlier on this blog, where Single Judges of the Delhi High Court passed strange ex-parte decrees against certain food and drinks establishments who did not take licences from ISRA. The decrees that…


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Copyright

Remember that speech by the Home Minister linking copyright infringement to terrorism, well, I filed a RTI application and…….


A couple of months ago, the Minister of Home Affairs Rajnath Singh, while delivering the keynote speech at the ‘National Workshop on Enforcement of Intellectual Property Rights’ made some tall claims about how copyright infringement and piracy was funding terrorism. This particular urban legend, linking copyright infringement to terrorism has been the central plank of the Motion Picture Association of America (MPAA) for some time now despite there being no convincing evidence actually establishing the link between copyright piracy and…


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