Category Archives: Copyright

Copyright

SpicyIP Fellowship 2018-19: Can Embedding Tweets Constitute Copyright Infringement?


We are pleased to bring you a guest post by our Fellowship applicant Prarthana Patnaik. She is a 4th year student at National Law University, Odisha. This is her first submission for the Fellowship. Can Embedding Tweets Constitute Copyright Infringement? Prarthana Patnaik On 15th February, 2018, a New York District Court ruled that embedding tweets may amount to copyright infringement. This decision (Goldman v. Breitbart) has generated widespread criticism for it has far-reaching implications on acts of in-line linking done…


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Copyright

‘Monkey-Selfie’ Lawsuit Comes to an End


The much talked about ‘Monkey Selfie’ lawsuit – a favourite of copyright law enthusiasts across the world, recently came to an end. As our readers are bound to recall, the dispute began in 2011, in the forests of Indonesia, where Naruto, a black macaque monkey swiped British Photographer, David Slater’s camera and clicked a selfie. Unbeknownst to Naruto, this picture soon became the reason for a lawsuit that not only lasted several years, but also became monumental in shaping the…


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Copyright

IFPI Music Report, 2018 Is Out with A Bunch of Healthy Sale Figures But Persisting “Value Gap”


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

Oracle v Google – US Court of Appeals Rules Against Google’s ‘Fair Use’ of Oracle’s Java APIs


Another day, another multi-billion dollar judgement potentially hazardous to the software development community. In the latest round of the Oracle v Google dispute over the use of Java (Oracle) API’s in Android (Google), the Court of Appeals for the Federal Circuit of the United States (CAFC) overturned the lower court’s jury verdict that Google’s use of Java APIs was fair, and remanded the case back to trial (for the third time) on damages that Google would have to pay –…


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Copyright

Videos Mocking Rahul Gandhi Taken Down From You Tube


Two videos mocking Rahul Gandhi were taken down from a pro-Modi YouTube channel after the Congress served it with copyright violation notice, reported Times of India. The channel, “I Support Narendra Modi,” had posted two short clips which made fun of Congress president Rahul Gandhi’s public interaction at a Singapore university. These clips had added commentary in overlaid text making fun of the Congress president. According to the Congress, the original videos were shot by the Singapore University and they were uploaded under “Standard YouTube…


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Copyright

In the Name of the Author & the ‘Mukhda’: Assessing the Economics of Moral Rights (Part I)


It has been said that when a work is created, it assumes the personality of the creator; that it is an extension of the author’s own personhood. In extension of this theory, it has also been agreed that the author assumes over the work created by him, certain rights that are not only inalienable to him (i.e. rights that are absolute; that cannot be transferred) but also, are unique only to him – the human creator of the work. In…


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Copyright

Supreme Court Affirms that Only ‘Government Works’ under the Copyright Act Qualify as ‘Protected Systems’ under IT Act


In B.N. Firos v State of Kerala and Ors., the Supreme Court of India, on March 27, held that only those ‘computer systems’ may be designated as protected system under the Information Technology Act, which qualify as ‘Government Works’ under the Copyright Act. Background The present dispute related to the ownership of copyright in software which was being used by the Government of Kerala for a project known as FRIENDS (Fast, Reliable Instant, Efficient, Network for Disbursement of Services). The…


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Copyright

In a Deeply Problematic 2012 Judgment, Bombay High Court Held That Copyright Registration is Mandatory for Maintaining an Action for Infringement


As Professor Joshua Sarnoff eloquently noted on this Blog, copyright is first and foremost an assertion by the creator. This being so, registration of a copyright is not mandatory for maintaining an action for infringement. Indeed, to quote Prashant, the principle that registration of a copyright is not mandatory is one of the holy sacraments of the Berne Convention. It is with great dismay, therefore, that we recently found out about a deeply problematic 2012 judgment from the Bombay High…


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Copyright

Amitabh Bachchan Lashes Out at Copyright Limitations – Here’s Why He’s Wrong


In a rather rambling blog post on Monday, Mr Amitabh Bachchan, Bollywood’s angry young man turned angry-preacher-from-the-social-media-pulpit, let loose a diatribe against the seeming injustice done to him by the Indian Copyright Act – specifically, the concept of copyright terms – which temporally limit rights in original copyrighted work, beyond which the works is included in the public domain. The motivation for the post seems to be the realisation that the copyright in Harivansh Rai Bachchan’s poetry, currently with his…


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Copyright Unfair Competition

Film Title Protection: Madras High Court Rejects Copyright Claim Over Film Title, Holds Trade Association Rules Not Binding on Non-Members


A division bench of the Madras High Court, in its judgement in M/s Lyca Productions v J. Manimaran and Ors, delivered on the 22nd of February, overturned a single bench decision which upheld copyright protection to the title of a film. The judgement is significant not only for its analysis of the scope of copyright protection of film titles, but also for its sound rejection of the original plaintiffs argument that the rules of a trade association should be binding…


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