Category Archives: Copyright

Copyright

Petition Filed in Supreme Court to Challenge Constitutionality of Provisions on Compulsory and Statutory Licensing in the Copyright Act

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In a notable development, Lahari Recording Company has challenged two provisions of the Copyright Act, 1957 (“Act”) in the Supreme Court. The gravamen of Lahari’s case is that the impugned provisions infringe their fundamental and constitutional rights and fundamentally alter the bargain that the copyright system is founded upon, by taking away the incentive for copyright owners to create original content. At issue are Sections 31(1)(b) and 31D of the Act. While the former puts in place a system of…


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Copyright Overlaps in IP Patent Trademark

Obscenity and Morality under IP Law

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  Obscenity under  the Indian Penal Code (“IPC”) is a relic of India’s colonial past. Though the need for such a provision is often subject to debate, it is indisputable that the judiciary’s interpretation of this provision has been often been anachronistic in past instances. The judiciary has, no doubt, evolved from the infamous Hicklin Test (tendency of the impugned material to deprave and corrupt those whose minds are open to such immoral influences) to the contemporary community standards (testing the impugned material against contemporary…


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Copyright

Heritage, Hall of Nations and Assertion of Moral Rights

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We’re pleased to bring to you a guest post by Dr. Sunanda Bharti. Dr. Sunanda is an Assistant Professor in Law at Delhi University. Heritage, Hall of Nations and Assertion of Moral Rights Dr. Sunanda Bharti Introduction The Hall of Nations was ultimately demolished by the Government in April 2017. It was the modern world’s first and largest-span space-frame structure built in reinforced cement concrete. The building stood at Pragati Maidaan, in Delhi, for the past 5 decades. Inaugurated in…


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Copyright

The State of Indian Copyright Societies (And Assorted Bodies) After the Copyright (Amendment) Act, 2012

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It has now been over 6 years since the revolutionary Copyright (Amendment) Act, 2012 was passed by Parliament. As most of our readers may remember, the background to that amendment was corruption in Indian copyright societies and allegations of patently unfair contracts being thrust onto Indian composers and lyricists. The amendments were aimed at changing the regulatory framework for Indian copyright societies and inserting statutory safeguards to protect songwriters and composers. We’ve covered the background of those amendments extensively on…


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Copyright

SpicyIP Fellowship 2018-19: Developments in ISP Liability on Copyright Infringement

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We are pleased to bring you a guest post by our Fellowship applicant Arth Nagpal. Arth is a 3rd year student at NLS, Bangalore. This is his first submission for the Fellowship. Developments in ISP Liability on Copyright Infringement Arth Nagpal This piece intends to draw a comparison between Internet Service Provider (ISP) liability on parties for copyright infringement in the United States and India. The former has in place a system of ISP liability through the mechanism of graduated…


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Copyright

‘Unacademically Speaking’: Madras HC Upholds Copyright Claim in 2IIM CAT Questions

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On August 13, the Madras High Court ruled in favour of coaching institute, ‘Fermat Education’ holding that there had been infringement of copyright in the 2IIM CAT questions authored by them. The case presents an interesting factual matrix, and before moving on to the more compelling legal issues, it would be helpful to go over the same. The Facts Fermat Education (the plaintiff) has been engaged in providing coaching to students for competitive exams, since 2014. Of particular interest to…


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Copyright

SpicyIP Tidbit: Madras HC Upholds Copyright Claim on Film Title

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Things tend to go sour when nobody watches the watchdog. This seems to be particularly true of our hon’ble courts when they act in ex parte or undefended suits. In the latest development on this front, the Madras HC, in M/s. Sathya Movies vs M/s.Suresh Production Entertainment Private Limited, has upheld the Plaintiff’s claim that it was entitled to the protection of its film title, ‘Naan Aanaiittaal’, which was registered with the Tamil Film Producers Council. Mr. Justice C. V….


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Copyright

In a Copyright Infringement Dispute, Delhi High Court Holds That Makers of KBC Didn’t Engage in Copyright Infringement

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In a judgment delivered last Friday, Justice Valmiki Mehta of the Delhi High Court (“Court”) ruled on a copyright infringement dispute which involved the application of well settled legal principles, but to a very interesting fact pattern. The facts of the case lie in a very narrow compass. The Appellants have a registered copyright for a concept called Jeeto Unlimited (“Jeeto”). Jeeto entails an arrangement whereby home viewers of a quiz show are able to participate live in a quiz…


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Copyright

In A Blow to Creative Industry, Delhi High Court Upholds Constitutionality of Rule 56 etc. of Copyright Rules, 2013

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In a judgment delivered on May 28, 2018 (and which slipped under the radar until Shamnad was alerted to it), a Division Bench of the Delhi High Court has upheld the constitutionality of some provisions of the Copyright Rules, 2013 that were challenged by Anand Bhushan of Pitambar Publishing Co. Ltd. Originally the petitions filed by Mr. Bhushan in 2013 challenged several provisions of the Copyright Act and Copyright Rules. As the matter lay pending, the scope of the constitutional…


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Copyright

Huge Win for Copyright Owners: India Signs up to Internet Copyright Treaties!

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On July 4, 2018, the Union Cabinet approved the proposal to accede to the WIPO Copyright Treaty, 1996 (‘WCT’) and the WIPO Performance and Phonograms Treaty, 1996 (‘WPPT’). These treaties are part of a series of international instruments created by the World Intellectual Property Organisation (‘WIPO’) to promote the protection of intellectual property throughout the world. They are commonly referred to as the ‘WIPO Internet Treaties’ due to their emphasis on protection of rights in a digital environment. While India…


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