Category Archives: Copyright

Copyright

Sony Music v. Raj TV: Reading between the Lines


On the 12th of December, 2016, the Madras High Court passed a brief order in the case of Sony Music Entertainment India Pvt. Ltd. v. Raj Television Network Ltd. (read the order here). The Court restrained Raj TV from using the sound recordings and images owned by Sony, as well as synchronizing Sony’s underlying musical and literary works with visuals to create cinematographic films. While the order doesn’t go into the specifics of the factual background, Sony Music filed this…


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Copyright Trademark

Spoilt for Choice? Not anymore: The Delhi High Court returns plaint since no part of cause of action arose in Delhi


In a recent decision, a Single Judge of the Delhi High Court refused to entertain Allied Blenders’ action for infringement of its TM OFFICER’S CHOICE since the plaint disclosed that the Defendant’s infringing use was restricted only to Andhra Pradesh. Furthermore, the Court also observed that it will not assume jurisdiction merely because the plaintiff has stated at the fag-end of the plaint an apprehension that the Defendant is likely to engage in the infringing activity in Delhi as well….


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Copyright

Bom & Del HCs Get Strict with Collecting Societies: Demand Proof of Authorisation


In a series of orders, the Delhi and Bombay High Courts have highlighted the need for greater transparency in collection of licence fee and directed the collecting societies (IPRS, PPL etc.) to publish proof of their right to collect license fee. In two separate orders of the Bombay High Court (see, here and here) and one by the Delhi High Court (see here), the Courts have provided for interim mechanisms by way of which the collecting societies can take licence…


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Copyright

Breaking Free of the IP Freeze: Happy New Year!


“Frozen” broke most box office records. And turned out to be the highest grosser for Disney studios. And yet this maverick of a movie almost never came to pass. Until a creative set of screen writers decided that they would stray from the parent script …one conjured up more than a century ago by Hans Christian Anderson, the celebrated childrens’ writer. Anderson wove his basic story around the “Snow Queen”, an evil queen who unleashes her freezing power upon the…


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Copyright

Delhi HC Brings More Christmas Cheer: Restrains IPRS et al. from Issuing Licences in Violation of S.33


In the latest development involving “copyright societies” under the Copyright Act (“Act”), a Single Judge of the Delhi HC has restrained three entities- Indian Performing Rights Society (“IPRS”), Phonographic Performance Limited (“PPL”) and Novex Communications from issuing or granting licenses in breach of S.33 of Act. The interim order passed by Justice Sanjeev Sachdeva, came in a Writ Petition (“Petition”) filed by M/s Event and Entertainment Management Association (“Petitioner”) and has directed IPRS, PPL and Novex to refrain from any…


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Copyright

Interim Order in Zee Entertainment Enterprises Ltd. v. Saregama India Ltd.


The Plaintiff filed the suit before the Delhi High Court for restraining the Defendant from infringing the copyright of the Plaintiff in the soundtrack and audio visuals (over the music of 29 cinematograph films). The Plaintiff contended that the claims of the Defendant arise from assignment in the year 1981. Citing Section 18(1) of the Copyright Act, it was contended that this assignment cannot vest in the Defendant the right of exploitation of the copyright in the medium or mode…


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Copyright

Breaking News: Del HC Division Bench Rules in Favour of Safe Harbour for Intermediaries in MySpace-T Series Copyright Dispute


In a path breaking judgment (“Judgment”), a Division Bench of the Delhi High Court has reversed the findings arrived at earlier by a Single Judge (Justice Manmohan Singh), on the question of intermediary liability and held that that intermediaries are immune from liability against copyright infringement for third party content unless “actual knowledge” on their part can be proved. The Bench, while arriving at the decision, has ruled that S.79 of the Information Technology Act, 2000 (“IT Act”) provides a…


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Copyright

The Power of Purpose: A Meteoric Moment for Copyright Justice


  In a decision that will go down as a landmark in the annals of global copyright jurisprudence, Justice Pradeep Nandrajog (along with Justice Yogesh Khanna) brings bold clarity to a much needed area in copyright law. Namely that when interpreting copyright defences, one has to be guided by their “purpose”. And not some fancy sophisticated four factor fair use/fair dealing test, notwithstanding that it emerged from arguably sophisticated common law courts. Pankhuri has already dealt extensively with the decision…


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Copyright Innovation Patent

Artificial Intelligence and Intellectual Property: Mind the Machine!


In a world that is revealing itself to be distinctly devoid of any natural (human) intelligence, artificial intelligence might well turn out to be less scary than we imagined it to be. Indeed, some months ago, when a student of mine asked me if I wasn’t worried about machines taking over, I quipped that I was more worried about Trump taking over. And if Trump did come to pass as President, tis’ only appropriate that machines take us over, I…


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Copyright

DU Photocopy Appeal Decision: Another Landmark Victory for Access to Education in India


As many of our readers may already be aware, a Division Bench of the Delhi High Court, last week, pronounced the judgment in the DU photocopy case appeal that marked a spectacular victory for access to education in India. In a 58 page judgment, rendered in less than two weeks from the start of the appeal arguments, the Bench comprising Justices Pradeep Nandrajog and Yogesh Khanna refused to grant an interim injunction to the plaintiff-publishers and emphatically ruled that making and…


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