Category Archives: Copyright

Copyright

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

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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…


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Copyright

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

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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…


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Copyright

Band Baaja Baaraat & Copyright

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Indian weddings are an expensive affair- a recent survey reports that 20% of all loans taken by young Indians in 2018-2019 was to fund their wedding expenses! It comes as some respite then for betrothed couples that the Indian Copyright Office has recently clarified (in a Public Notice No. 10-26/2019-CO) that licences are not required for utilisation of sound recordings in the case of marriage related functions. The clarification pertains to section 52(1)(za) of the Copyright Act. Section 52(1)(za) lays…


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Copyright

On Gandhi, Malamud and the JNU Data Depot

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In response to my piece on the ‘JNU data depot’, I received a couple of emails from Carl Malamud alleging factual inaccuracies in my piece. I invited him to respond to the errors on SpicyIP, in response to which he started to abuse me. When I told him, I was going to publish the abusive email on SpicyIP, he apologized and the next day withdrew the apology in another abusive email. He then publicly attacked SpicyIP on Twitter.  I find…


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Copyright

Is the Clock Ticking for TikTok’s Intermediary Liability Exemptions?

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A recent stand-off between TikTok and ShareChat, two major online social media platforms in India has brought to fore several issues and inconsistencies in India’s intermediary liability regime. On August 23, it was reported that ShareChat, the ostensibly ‘homegrown’ social media app, complied with certain takedown notices sent by TikTok over content which had previously been shared on TikTok, claiming it had ‘exclusive rights’ over such content, and it was being uploaded and shared without authorisation on ShareChat. On August…


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Copyright

Is the JNU Data Depot Even “Reproducing” Papers?

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There have been two pieces on this blog about Carl Malamud and Andrew Lynn’s JNU data depot project and whether it violates Indian copyright law. While Dr. Arul George Scaria argued that it doesn’t, and argued that section 52(1)(a)(i) of the Copyright Act, 1957 would protect this project, the indefatigable Prashant Reddy argued otherwise. The debate needs more hard facts on how the data depot acquired the data to decide this way or that, but I would think, making certain…


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Copyright

Malamud’s New TDM Venture May Not be Shielded by Section 52 of the Copyright Act

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Carl Malamud is at it again, riling up copyright owners and setting the stage for yet another lawsuit on a fascinating copyright issue. His latest effort to ‘liberate’ copyrighted information from scientific publishers is an enterprising venture, called the ‘JNU Data Depot’ which is based out of the Jawaharlal Nehru University (JNU) and which was the subject of an excellent report by Priyanka Pulla in Nature. In the past, Malamud has provoked a firestorm of a debate in multiple jurisdictions,…


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Copyright

CJEU Ruling in Pelham v. Hutter : If Sample Recognizable, Then It Infringes, No Matter How Small!

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Recently, the Court of Justice of the European Union (CJEU) issued a ruling as relates to copyright in music. A short media summary of the ruling can be viewed here and the full text can be viewed here. The decision was issued in context of a song created by the group ‘Kraftwerk’. Kraftwerk claimed that that a song ‘Nur Mir’ used a small sample (2 seconds) of their work in continuous loop.  The CJEU held in Kraftwerk’s favour holding, “Sampling…


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Copyright Innovation

Should Indian Copyright Law Prevent Text and Data Mining?

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We are incredibly excited to bring to our readers a guest post by the fantastic Dr. Arul George Scaria, on one of the most cutting-edge developments in technological developments which implicate copyright law – text and data mining and their status under Indian copyright law. Dr. Scaria is an Assistant Professor of Law and Co-Director of the Centre for Innovation, Intellectual Property and Competition (CIIPC). He is also an Affiliate Faculty of the CopyrightX program, which is a course offered…


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Copyright

Delhi HC Issues Dozens of Blocking Injunctions under the New ‘Dynamic Injunction’ Process, Asks Government to ‘Suspend Domain Name Registrations’

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The Delhi High Court, over the course of a dozen interim orders between July 27 and August 12, 2019, has issued website blocking injunctions for ISPs to block dozens of websites and their mirror/redirect versions, including popular pirate websites Tamilrockers and eztv. The orders are available here. The ex-parte orders, passed in suits instituted by Warner Bros. Entertainment Inc., compel nine ISPs to block the entire website URL’s for specific websites, and further grant the plaintiff’s ‘dynamic injunctions’, which allows…


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