Category Archives: Copyright

Copyright

Delhi HC Order Cripples Authors’ Royalty Rights in Underlying Works

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A shocking order delivered by the Delhi HC on 4th January in IPRS v. ENIL and PPL v. CRI Events, only days after the landmark radio royalty statutory license order, has held that underlying works incorporated in sound recordings are not utilized and do not incur royalty when the sound recording is used! The order goes on to interpret the 2012 Amendment in a manner that almost completely extinguishes the rights of authors of underlying works. Underlying Works and Royalty…


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Copyright

IPAB’s First Statutory License Order Overhauls Radio Royalty System

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On 31st December 2020, an IPAB bench consisting of the Chairman Manmohan Singh J. and two technical members Surya Senthil and SP Chockalingam, delivered a grand statutory license order for radio broadcasts under Section 31D of the Copyright Act. We had previously blogged about the Public Notice issued by IPAB seeking suggestions from stakeholders for the fixation of these rates. The notice came in the wake of the expiry of the erstwhile Copyright Board’s compulsory license order (CB order) under Section…


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Biological Diversity Copyright Geographical Indication Others Patent Trademark

SpicyIP Weekly Review (January 4 – 10)

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Topical Highlight Issues in Sci-Hub Case ‘A Matter of Public Importance’ In this post, Swaraj highlighted some issues that came up during the hearing of the recent litigation, involving Elsevier, Wiley, and ACS suing Sci-Hub and LibGen for copyright infringement. He observed that it was a positive step for Justice Midha of the Delhi High Court to repeatedly point out that case was ‘a matter of public importance’, and he would not want to pass any orders without hearing the various…


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Copyright

Take Two!: Screenwriters Rights Association of India Applies for Registration as Copyright Society… Again

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[This post has been co-authored with Varsha Jhavar.] Recently, the Screenwriters Rights Association of India (SRAI) filed a revised application before the Registrar of Copyrights to be recognised as a copyright society under Section 33 of the Copyright Act, 1957. SRAI aims to negotiate, collect and distribute royalties on behalf of screenwriters in works authored by them. It had previously applied for registration in 2017 as well, but the application disappeared for unknown reasons (see the discussion here). On 27 November…


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Copyright

The Inverse Ratio Rule: On Its Stairway to Heaven?

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We’re pleased to bring to you a guest post by Prerna Sengupta and Riddhi Bang, critiquing the inverse ratio rule of copyright infringement and its application by Indian courts, in light of the US Supreme Court’s ruling in the ‘Stairway to Heaven’ copyright dispute last year. Prerna and Riddhi are 2nd year students at the NALSAR University of Law, Hyderabad. Our previous posts relating to the ‘Stairway to Heaven’ case can be viewed here, here and here.     The…


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Copyright

Issues in Sci-Hub Case ‘A Matter of Public Importance’

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pic representing access to knowledge

In a great start to the Sci-Hub litigation (Elsevier, Wiley, and ACS vs Sci-Hub, LibGen – for background context, see the bottom of this post), Justice Midha at the Delhi High Court repeatedly pointed out that the issues in this case involved ‘a matter of public importance’, while saying he would not want to pass any orders in the law suit without hearing the various parties that wanted to get their views heard in the case, for the interim application…


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Copyright Innovation Others

Draft Science, Technology and Innovation Policy Proposes Major Changes to India’s Open Access Culture

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[This post has been co-authored with Praharsh Gour] On 2/01/2021, the Ministry of Science and Technology rolled out the draft version of the proposed Science, Technology and Innovation Policy. The process to have a new policy, subsequent to the 2013 one, was in the works since May 2020 (see here for our coverage of the same). And after a claimed 4 track process of consultations and “nearly 300 rounds of consultations with more than 40,000 stakeholders well distributed in terms…


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Copyright

The Sci-Hub Case: Why It is Time to Stop Favouring the Doctrinal Approach to Law over an Empirical One

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The Sci-Hub/Libgen case continues to generate interest from researchers across the country. We’re pleased to bring you another guest post on this issue, this time one that showcases the results of a ‘mini survey’ on users of Sci-Hub, as well as highlights the lack of empirical evidence in these debates. This post is co-authored by Anshuman Sahoo and Aditi Shirpurkar. Anshuman is a 2nd year LL.M. student at Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur. He regularly writes…


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Copyright COVID-19 Drug Regulation Others Patent Trademark

SpicyIP Weekly Review (December 28 – January 3)

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Topical Highlight Sci-Hub and Libgen Up against Academic Publishers: A Death Knell for Access to Research? – Part I In this three-part post, Nikhil dissects the ongoing copyright litigation in the Delhi High Court by three big publishing houses, namely Elsevier, Wiley and ACM against the shadow libraries Libgen and Sci-Hub, alongwith the interpretive issues before the court. In Part I, he explains the background of the dispute and analyses the dynamic injunction plea sought by the plaintiffs. He argues that a thorough…


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Copyright Geographical Indication Patent Trade Secret Trademark

A Look Back at India’s Top IP Developments of 2020

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(This post has been co-authored with SpicyIP Fellows Adyasha Samal, Anupriya Dhonchak and Nikhil Purohit.) Here’s wishing all our readers a very happy, safe and healthy new year! Unfortunately, many traditions worldwide had to be broken the past year, but here at SpicyIP we’re glad to continue our annual tradition of recounting all the significant developments that impacted the Indian IP landscape in 2020. This year, we have divided these developments into four categories: a) Top 10 IP Judgments/Orders (Topicality/Impact) b) Top…


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