Category Archives: Copyright

Copyright Others

‘Chhapaak’ Credits Conundrum: Does Every Contributor to a Work Have a Right to Be Credited?


In an intriguing case last week, the Delhi High Court directed the makers of the film ‘Chhapaak’ to acknowledge the inputs by Aparna Bhat, the lawyer who represented the acid attack survivor whose life the film is based on, in the film’s opening credits. The decision came in an appeal against the interim order granted by the trial court. The Court noted that since the inception of the making of the film, the Defendants represented to the Plaintiff that her…


Read More »
Copyright

Distortion or Destruction of Artistic Works : Scope of Moral Rights of Artists


We’re pleased to bring to you an interesting post by Kaveri Jain on the scope of moral rights of an artist vis-à-vis destruction and alteration of its original artwork. Kaveri Jain is an attorney at Ira Law. She graduated from Amity Law School in 2018 and worked at a boutique IP firm in New Delhi prior to joining Ira Law. Distortion or Destruction of Artistic Works : Scope of Moral Rights of Artists Kaveri Jain Does an artist being the…


Read More »
Copyright

Kerala HC Directs Film Release without Script Writer’s Name in ‘Mamankam’ Moral Rights Dispute


This post covers the judgement delivered by the Kerala High Court in Sajeev Pillai v. Venu Kunnapalli & Anr., earlier this month. ‘Mamankam’ is a grand festival which used to be held once in 12 years on the banks of the Bharathapuzha river in Kerala during the 14th to 19th century. The appellant, Sajeev Pillai, a film director and a script writer, claims to have researched the history of Mamankam and to have written a script for a film. Stated…


Read More »
Copyright

Why Such Small Pittance For Our Music ? : Music Industry Lifts Up Its Voice Against Statutory Licensing


We’re 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 is currently practicing under the banner “The Endretta”. Simrat has written several guest posts for us in the past…


Read More »
Copyright

CISAC Global Collections Report – 2019


CISAC is the International Confederation of Societies of Authors and Composers. Its stated objective is to ‘protect the rights and promote the interests of creators across all regions of the world and artistic fields; music, audiovisual, drama, literature and visual arts’. It aims to ‘foster a legislative environment that supports the cultural and creative industries, thereby contributing to both cultural diversity and economic growth worldwide’. [For more details, please click here.] According to Wikipedia, it is the world’s largest international…


Read More »
Copyright

SpicyIP Fellowship 2019-20: Do Not ‘Broadcast Yourself’ over Trivial Claims – Applying the De Minimis Standard to Copyright Claims on YouTube


We’re pleased to bring to you a guest post by our fellowship applicant, Antony Moses. Antony is a 4th year student at NUALS, Kochi. Do Not ‘Broadcast Yourself’ over Trivial Claims: Applying the De Minimis Standard to Copyright Claims on YouTube Antony Moses Recently, YouTube made changes to its copyright enforcement policy. The new policy prevents copyright owners from making use of the “Manual Claims” tool to claim copyright infringement for: Short song clips (eg: 5 Secs of a song)…


Read More »
Copyright

Broadcasting, Internet and Section 31D of the Copyright Act


We’re pleased to bring to you an insightful guest post by Jagdish Sagar, an independent lawyer practicing largely in the field of copyright and entertainment law in Delhi, on the (in)applicability of the statutory licensing scheme under Section 31D of the Copyright Act to internet broadcasting. Mr. Sagar was formerly a partner at Anand and Anand till 2011. Prior to that he was a civil servant till 2004. During his service with the Central Government he served as the Joint…


Read More »
Copyright Privacy

CJEU Endorses ‘Notice and Stay Down’ For Illegal Online Content


In a major ruling on October 3, 2019, the CJEU in Case C-18/18 – Eva Glawischnig-Piesczek v Facebook Ireland Limited, held that national courts may direct injunctions against online content-hosting intermediaries like Facebook, which require the intermediary to block the specific content globally, as well as blocking identical or equivalent content or information. This marks a crucial turn in online content regulation in the EU, as it explicitly endorses a ‘notice-and-stay down’ standard for content removal, and endorses upload filters…


Read More »
Copyright

Tips Industries v. Wynk Music: A Case of Statutory Mis-Interpretation?


We’re pleased to bring to you a guest post by Karan Dhalla, a 4th year student at the National Law School of India University, Bangalore. The post critically analyses the judgment passed by the Bombay High Court in Tips v. Wynk earlier this year, wherein it was held that the statutory licensing scheme under Section 31D of the Copyright Act does not apply to internet broadcasting. We’d covered this judgment in an earlier post here.     Tips Industries v. Wynk Music: A Case…


Read More »
Copyright

The IMI-Deloitte Report on the Indian Music Industry: Can Piracy Still Be a Problem in a World of Free Music?


The Indian Music Industry (IMI) which is the primary lobbying arm for the music industry, along with Deloitte’s consulting arm, has recently released a report on “The Economic impact of the recorded music industry in India”. The report is an attempt to place a value, not on the music industry, but its contribution to the economy by valuing its contribution to the various industries which use music as a “raw material”. As per the report, the music industry created a…


Read More »