Category Archives: Copyright

Copyright

Authors’ Alliance Files Brief in Favour of Access to Course Packs


Authors’ Alliance (“Alliance”), a non-profit coalition that supports “authors who write to be read”, has filed an amicus curiae brief in Cambridge University Press et al v. JL Albert et al, supporting the non-profit use of academic works as part of course packs  The brief was submitted by the Alliance in an appeal filed by Cambridge University Press (CUP) against the decision of the district court for the Northern District of Georgia (“District Court”), which ruled in favour of the…


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Copyright Trademark

Copyright Board to be Taken Over by IPAB Under the Finance Bill, 2017 Passed by the Lok Sabha


In a surprising development, the Copyright Board is set to be merged with the Intellectual Property Appellate Board (IPAB) under the Finance Bill, 2017 that was passed in the Lok Sabha yesterday. This merger comes along with merger of seven other tribunals (including the Competition Law Appellate Tribunal and the Cyber Appellate Tribunal) with other existing tribunals, all of which were proposed by the amendments to the Bill moved by the Finance Minister Arun Jaitley on Tuesday. The Bill seeks…


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Copyright

The Ilayaraja-SPB Copyright Dispute – Why the Big Fuss?


As has been reported by multiple news outlets there is a copyright dispute brewing between Ilayaraja and SP Balasubramanyam (SPB), both of whom are national treasures. While Ilayaraja is a music composer, SPB is a singer. Currently on an international tour giving performances around the world, SPB posted an update on his Facebook page informing his fans that he had received a legal notice from Ilayaraja demanding royalties for performing his compositions during the tour. In the same post, SPB…


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Copyright

Delhi High Court Holds Cable Operator Liable for Copyright Infringement; Imposes Punitive Damages Worth 5 Lakh


On this Blog, we have extensively covered the issue of the Delhi High Court’s tendency to award punitive damages without indicating the legal basis for such awards as well as the court’s propensity to grant such damages on the basis of the ipse dixit of the plaintiff without spelling out the methodology employed for arriving at a given figure. More specifically, we have noted how the court adopted a flawed arithmetic for awarding punitive damages in the Sholay case, the…


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Copyright

Publishers Release Public Statement on Withdrawal of DU Photocopy Case


As all of you already know, last week, the publishers (OUP, CUP and T&F) surprisingly withdrew the copyright infringement suit filed against DU and Rameshwari photocopy shop in 2012 for creation and distribution of course packs containing excerpts from their copyrighted books. While the reason for the withdrawal is not clear, it is heartening to note that the publishers, in a public statement released on March 9, expressed their intention to work “even more closely with academic institutions, teachers and…


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Copyright

Breaking News: OUP and other Publishers Withdraw Copyright Suit Against Delhi University and Photocopier


In a stunning development, OUP, CUP and Taylor & Francis just withdrew their copyright law suit filed against Delhi University (and its photocopier, Rameshwari) 5 years ago! They indicated this to the Delhi high court in a short and succinct filing made this morning. This withdrawal brings to an end one of the most hotly contested IP battles ever, pitting as it did multinational publishers against academics and students. The law suit was filed as far back as 2012 and…


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Copyright

Interim Injunction Against Thomson Reuters Confirmed on Same Terms as SC’s Reed Elseiver Order


The Allahabad High Court has, on appeal, confirmed the interim injunction granted against Thomson Reuters in a suit by Eastern Book Company (EBC) for copyright infringement, on the same terms as the one granted to EBC against Reed Elseiver. As we had reported here, Supreme Court had confirmed the interim injunction granted to EBC for alleged infringement of its copyright by Reed Elseiver over the copyedited and modified judgments, and had also remitted the matter back to the trial court…


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Copyright

Copyright-ing Fictional Characters: Bombay HC Permits Release of ‘Rangoon’


There is an interesting copyright dispute brewing at the Bombay High Court over the newly released movie ‘Rangoon’. Wadia Movietone Pvt. Ltd. (Wadia) filed a suit against the director of the movie, Vishal Bhardwaj for alleged copyright infringement regarding his new film, Rangoon. Unfortunately, the order uploaded onto the Bombay High Court website does not go into the factual background, or the arguments made by the parties, but permits the conditional release of Rangoon. Justice K.R. Shriram stated that while…


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Copyright

Printing the Bhagavad Gita: Copyright Protection of Translations


The Bombay High Court recently passed an interim injunction to restrain publication of a translated version of the Bhagavad Gita by Thomson Press. (Read the order here). The Bhaktivedanta Book Trust (“BBT’) claimed copyright in Srimad Bhagvatam, a translated, reprinted version of the Bhagavad Gita. BBT contested that Thomson Press had reprinted a ‘classic’ version of Srimad Bhagvatam, a translation in which they held copyright. Further, they argued that there was no license agreement for the publication of this and…


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Copyright

Yet Another Victory for Educational Access as Canada’s Federal Court of Appeal Upholds Copyright Board’s Fair Dealing Analysis


This week (February 20-24) is being celebrated as the 4th Annual Fair Use/Fair Dealing Week! A week that celebrates the importance of the doctrine of fair use/ fair dealing of copyrighted works in US, Canada and other jurisdictions! There wouldn’t be a better occasion to bring to you this post on yet another victory for fair dealing and education in Canada that came close on the heels of the recent victory for educational access in the DU photocopy case in…


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