Category Archives: Copyright

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…


Read More »
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…


Read More »
Copyright

Re-Tweeting Into Trouble


A few weeks ago, Keith Bell, the author of a sports psychology book titled ‘Winning isn’t normal’ instituted proceedings against Pennsylvania-based King’s College and its sports coach for copyright infringement. What is remarkable about this suit is that it claims the infringement arose from an act of re-tweeting. The original tweet, containing photos  (which is arguably copyrightable content) of certain pages of Bell’s book  had been posted by a different user, the Northeastern State University Baseball team. Twitter has general…


Read More »
Copyright

Should Shankar Pay Royalty for Making a Sequel to His Own Film?


We are pleased to bring to you a guest post on sequel rights 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). Should Shankar Pay Royalty for Making a Sequel to his Own Film? Swaroop Mamidipudi In the last episode of the first season of Tamil Bigg Boss, Kamal Hassan and maverick Tamil director Shankar, who has a crazy cult…


Read More »
Copyright Others

Breaking: Artists’ Royalty Feud Against Labels Heats Up – Enforcement Directorate Raids Five Major Labels in Money Laundering Investigation


The battle for fair payments of royalties between artists and copyright societies is in the limelight again, and this time, it’s music labels in the eye of the storm. Various media outlets have reported that the Enforcement Directorate (“ED”) has conducted searches and enquiries in the premises of five music companies, including YRF Music, Saregama (which has since confirmed the news in a public statement), T-Series, Sony and Universal Music, India’s largest music labels, in at least 12 locations, in…


Read More »
Copyright

A Sneak Peek into the Murky World of Torrents


An estranged member of one of India’s most popular torrent websites, which goes by the name ‘Tamilrockers’, has given an interview that sheds much light into the modus operandi of the website in particular and the world of torrents in general. While the interview offers numerous fascinating insights into the functioning of torrent websites, if there was one key takeaway from the interview, it is that everyone is in on it, including you and me. As Mr. Bhaskar Kumar, who…


Read More »
Copyright Trademark

Copyright Surrogacy: Cracking through the Holes to Re-Constitute Exclusivity over Public Domain Works


We are pleased to bring to you a guest post on copyright surrogacy 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…


Read More »
Copyright

It’s Open Access Week, 2017 (October 23-29)!


Open Access week is an annual, global event, conceptualised by the Scholarly Publishing and Academic Resources Coalition, (SPARC) and aimed at endorsing and popularising open access, particularly among the research and scholarly community. Open access refers to the practice of making scholarly and research work publicly available to anyone who wants access to it. Copyright law and its reform play an essential role in supporting open access and its goals of universal knowledge-sharing. We at SpicyIP enthusiastically endorse Open Access and you…


Read More »
Copyright

Publishers Unite to Fight Copyright Infringement on ResearchGate


ResearchGate, the world’s most popular scholarly collaboration network (SCN), which brands itself as an ‘online information society service’, might soon be facing its Napster moment. A coalition of major publishers, called the ‘Coalition for Responsible Sharing’, (which includes major publishing houses such as Elsevier, Wiley, Wolters Kluwer, The American Chemical Society and Brill) have issued a statement regarding the network’s alleged inability to adequately deal with alleged instances of mass copyright infringement, and have also initiated legal action against ResearchGate…


Read More »
Copyright Others

Part II: Union of India v. BCCI – ‘Doosra’ from the Supreme Court on Broadcast of Cricket Matches by Prasar Bharti


In Part I, I had discussed the legal framework and the background in which the dispute between Prasar Bharti and the BCCI and Star India/ESPN arose. In Part II of this two-part past, I examine the recent decision of the Supreme Court. Interpreting S. 3, Sports Act, 2007 The appellants’ main argument was to urge the Supreme Court to take a purposive view of the law. As noted in Part I, the objective of the Prasar Bharti, under the Prasar…


Read More »