Category Archives: Copyright

Copyright

Novex Goes After Hotels and Casinos in Goa; Accuses Them of Playing Copyrighted Music Without Due Authorization


In the realm of copyright law, one issue that has received significant attention on this blog is the manner of functioning of copyright societies and the modus operandi adopted by them to extract financial returns for the use of copyrighted works whose use they claim to be exclusively empowered to authorize. In India, the 3 main copyright Societies are Indian Performing Rights Society (IPRS), Phonographic Performance Limited (PPL) and Novex Communications (“Novex”) whose actions form the subject matter of this…


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Copyright

Delhi HC’s John Doe Order #IPL 2017 #Sony


I write to update you regarding a recent Justice R.K. Gauba Delhi HC order concerning restriction of unauthorized broadcasting/transmission of the VIVO IPL 2017. The order can be found at: Sony Pictures vs Home Cable- IPL 2017. This is more of a detailed report, as opposed to an analytical piece. Sony Pictures Networks India sought two reliefs: i. An ex parte ad interim injunction restricting unauthorized relay of IPL 2017. ii. Appointment of Local Commissioners. Relief (i) The defendants in the…


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Copyright

“Mann Ki Baat” and Censor Board of Film Certification


It is reported that the Censor Board of Film Certification (“CBFC”), headed by Pahlaj Nihalani, had asked Dakxin Chhara to scrap the phrase ‘Mann Ki Baat’ from a dialogue in his upcoming thriller titled “Sameer”. Apparently, the sole reason was it being the title of Prime Minister Modi’s monthly radio programme to the nation. I am unable to confirm the veracity of this report. Assuming the veracity of this report, I would like to examine the legality of this fact situation….


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Copyright

SpicyIP Fellowship 2017-18: Should DRM be an Integral Part of the Open Web?


We are pleased to bring to you another guest post by our Fellowship applicant Divij Joshi. Divij graduated from NLS, Bangalore in 2016 and is currently working at a leading law firm in Mumbai. This is his second submission for the Fellowship.   Should DRM be an integral part of the Open Web? Divij Joshi The future of the World Wide Web is the subject of a heated debate as the World Wide Web Consortium (“W3C”), the main standard setting body…


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Copyright Others

Finance Bill, 2017: Turning the Constitution on its Head


Last month, Pankhuri had reported on how the Copyright Board is set to be merged with IPAB through an amendment to the Copyright Act through the Finance Bill, 2017 (“Bill”) and raised the question as to how such a non-taxation proposal could have been brought through the Bill. In what should essentially have been legislated through an ordinary bill, with the assent of Rajya Sabha, the government decided to slip-in the amendments relating to a number of non-fiscal legislations into…


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Copyright Overlaps in IP

Part II: Qualcomm v. ACIT #Royalty #“Copyright” and “Copyrighted Article”


If I haven’t told you already, let me warn that I might be additionally snarky over the course of this series on account of losing three perfectly solid pieces to a Microsoft Word malfunction. In this piece, I will be dealing with the distinction between “copyright” and “copyrighted article”, as discussed in the marvellous 120 paragraph order of Qualcomm. v. ACIT. As usual, let us quickly get acquainted with the so-called “Relevant facts”. Once, there existed a software called Binary…


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Copyright

IPRS Undergoes Management Change – Javed Akhtar and Achille Forler Brought on Board


In a huge development, the Indian Performing Right Society (IPRS) has appointed poet, scriptwriter and lyricist Javed Akhtar as their chairman; and copyright administrator Achille Forler as a Permanent Advisor to the Board. This is largely being seen as a positive development, as IPRS has been in the spotlight not only for their validity as a copyright society, but also for allegations of mismanagement and the lack of transparency. As Prashant notes, allegations against the IPRS management date back to…


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Copyright Trademark

SpicyIP Fellowship 2017-18: Beginner’s Guide to Combating Infringement on Social Media


We are happy to bring to you a guest post by our Fellowship applicant Madhurima Gadre. Madhurima is a 4th year student at National Law University, Jodhpur. This is her first submission for the Fellowship.     Beginner’s Guide to Combating Infringement on Social Media Madhurima Gadre Around 2009, some people began adding macro text to a photo of a penguin on the internet. According to Know Your Meme, a website dedicated to documenting viral internet phenomena, this became what’s now known…


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Copyright

“Phillauri” Copyright Infringement Case #Lastminute Complainants


Somewhere midway through reading Justice Patel’s order dealing with the Phillauri copyright infringement case, I was convinced that the Plaintiff’s counsel would soon have to initiate a medical course involving anti-depressants. J. Patel was absolutely brutal.  I am getting ahead of myself. The allegedly infringing work, Phillauri, is…err…a comedy film (?) that deals with tree spirits, subsequent marriage with tree spirits and analysis of said tree spirits mortal life. Interestingly, the allegedly infringing work, Mangal Phera, is a horror flick….


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Copyright

SpicyIP Fellowship 2017-18: Online Film Reviews: A New Form of Online Piracy


We are glad to bring to you a guest post by our Fellowship applicant Shubhi Sharma. Shubhi is a 4th year student at Rajiv Gandhi National University of Law, Punjab. This is her first submission for the Fellowship. Online Film Reviews: A New Form of Online Piracy Shubhi Sharma As somebody born in the 90s, I have been a part of a terrific transition in relation to the cinematic world. Within a span of 20 years or so, this film industry…


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