Category Archives: Copyright

Copyright

Ab Ki Baar, They Released Sarkar!


The Bombay High Court has, of late, been dishing out cogent judgments in relation to copyright infringement in films. Read the Phillauri judgment here and the Sardar Gabbar Singh judgment here. In keeping with recent tradition, earlier this month the Bombay High Court in Narendra Hirawat vs. Alumbra Entertainment, or the ‘Sarkar 3’ case, sought to examine the difference between a ‘remake’ and a  ‘sequel’, based on the contractual terms agreed by the parties. Facts The parties before the Court…


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Copyright Patent

Qu-IP: Patents are a remote juridical island…best left to its savage inhabitants!


Continuing our long lost QU-IP series, here comes a rather quirky one from Lord Jonathan Sumption. “But there have been two occasions in my professional life when I have been shaken in my view that it is all just law. One was my only foray, as Counsel, into patent litigation. I will not trouble you with this unhappy story. It persuaded me that chemical patents at least were a remote juridical island, best left to its savage inhabitants.” Sumption was…


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Copyright

SpicyIP Fellowship 2017-18: Kaun Banega Copycat: Sony Takes One Plus To Court


We are pleased to bring to you a guest post by our Fellowship applicant, Sreyoshi Guha. Sreyoshi is a 4th year student at Symbiosis Law School, Pune. This is her third submission for the Fellowship. Kaun Banega Copycat: Sony Takes One Plus To Court Sreyoshi Guha Over the last month or so, the IP community has been abuzz with news and events that have culminated in interesting debates and discussions on the blog itself. Somewhere amidst all of the hustle, a…


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Copyright Innovation

You Wouldn’t Stream a Car – What Netflix’s Refusal to Bow to Pirates Means for Digital Piracy


On April 28, 2017, a hacker/s called ‘thedarkoverlord’ managed to exploit a weak point in Netflix’s security, and hijacked a copy of the first 10 episodes of its hugely popular original series Orange Is the New Black, threatening to release these episodes to the public unless Netflix agreed to pay an unspecified ransom amount. Given that each episode costs an estimated 4 Million USD to produce, one would assume that they would be anxious, to say the least, to protect…


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Copyright

Breaking News: Supreme Court Refuses IRRO Appeal in DU Photocopy Case


A Supreme Court bench consisting of Justices Ranjan Gogoi and Navin Sinha refused to admit the IRRO appeal. Asking their counsel (Mr SC aggarwal) as to how their special leave petition (SLP) to appeal is even maintainable. Given that the original suit filed before the Delhi high court had been withdrawn by the publisher plaintiffs (OUP etc) and the IRRO was merely an intervenor in the lower court proceedings. Justice Gogoi appeared upset with the petitioners, berating them for “wasting…


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Copyright Innovation

Copyright on the Blockchain? Collection Societies Team Up With IBM to Prototype a New Rights Management System


Blockchain is the buzzword among new industries looking to leverage a technology which has recently been labelled by the Harvard Business Review as a ‘foundational technology’, with ‘the potential to create new foundations for our economic and social systems.’ The music industry seems keen to put this promise to the test. Recently, three of the largest member-owned music collection societies in the world, namely the American Society for Composers, Authors and Publishers (ASCAP); the Society of Authors, Composers and Publishers…


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Copyright

SpicyIP Fellowship 2017-18: The “Charging Bull v. Fearless Girl” Controversy – Part II


In Part I of this post, our Fellowship applicant Kuhuk Jain analysed whether the placement of Fearless Girl in opposition to Charging Bull amounts to infringement of copyright or moral rights of the latter’s creator, Arutro di Modica, under the US copyright law. In Part II, she analyses this issue under the Indian copyright law. SpicyIP Fellowship 2017-18: The “Charging Bull v. Fearless Girl” Controversy – Part II Kuhuk Jain Continuing from the previous post on the controversy surrounding Fearless Girl…


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Copyright

SpicyIP Fellowship 2017-18: The “Charging Bull v. Fearless Girl” Controversy – Part I


We are pleased to bring to you a two-part guest post by our Fellowship applicant Kuhuk Jain. Kuhuk is a 4th year student at National Law University, Delhi. This is her first submission for the Fellowship. The “Charging Bull v. Fearless Girl” Controversy – Part I Kuhuk Jain Recently, New York saw an interesting copyright controversy regarding an art work, the Fearless Girl, placed near the Wall Street in opposition to another art work, the Charging Bull. The Charging Bull…


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Copyright

Breaking News: IRRO Challenges Del HC’s DU Photocopy Judgment Before the Supreme Court


In a latest development in the DU photocopy case, that we thought had come to a close with the publishers (OUP, CUP and Taylor & Francis) withdrawing the suit last month, the Indian Reprographic Rights Organisation (IRRO) has filed a Special Leave Petition before the Supreme Court challenging the judgment passed by the Division Bench of the Delhi High Court on December 9, 2016. The Division Bench, comprising Justices Pradeep Nandrajog and Yogesh Khanna, had refused to grant an interim injunction to the publishers,…


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Copyright

Chetan Bhagat Injuncted Ex Parte in Plagiarism Suit


A Bangalore civil court has issued an O.39 R.1 ex parte interim injunction against Chetan Bhagat and his publishers, restraining them from selling copies of his recent book One Indian Girl. According to Scroll, Anvita Bajpai, a Bangalore-based author, sued Bhagat alleging that the book was plagiarised from her short story Drawing Parallels, published as part of an anthology in 2014. Bajpai wrote a Facebook post detailing her allegation, while Bhagat posted a denial. Copyright law served as a useful way for a…


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