Category Archives: Copyright

Copyright

A New Indian Law Review and Its Scholarship on the DU Photocopy Case


In some good news, the Indian Law Review, founded by a group of Indian academics primarily based in UK, Australia, US and India, has published its first edition. Included in the first edition is an article by Lawrence Liang on the DU Photocopy case. Lawrence is an alum of NLSIU & Warwick, a co-founder of Alternative Law Forum (ALF) and a legend of sorts in the field of law and culture. I was his student on a few occasions at…


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Copyright

Copyright Office to Increase Stakeholder Participation and Transparency


A week ago, Prof. Basheer and Pankhuri brought out an incisive two-part post (here and here) on open access at the Indian Patent Office. Through their study on the accessibility of Compulsory license orders on the IPO website, they successfully highlighted how we at SpicyIP, have always been committed advocates of open, intelligible access. Our previous attempts to further this objective have also been documented in the introduction to their post. For the sake of convenience, and at the cost…


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Copyright

Up Against a ‘Deewaar’: Bombay HC Says No to Unauthorized Remix


A few days after his birth anniversary (read: in an instance of freakish coincidence), one of Kishore Kumar’s famous performances, Keh Doon Tumhe (well known as a hit RD Burman – Kishore Da collaboration) wound up at the Bombay High Court, in the form of subject matter of a copyright dispute. The song was part of a very popular movie from the 70’s – Deewaar. It so happened that the makers of the movie, Trimurti Films, woke up one morning…


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Copyright

IP Protection for the Manganiyar’s Seduction? Throwing Some Light on Copyright in Stage Directions


Anand and Anand report that a dispute involving claims of the infringement of copyright and passing off of Roysten Abel’s awe-inspiring stage production of Manganiyar folk musicians from Rajasthan, the Manganiyar Seduction, has recently been settled without a ruling on the merits of the dispute. The distinctive and extraordinary production by Abel combines the dramatic flair of a theatre production with the enchantment of a live folk music concert, which relies upon the harmonisation of the 43 musicians seated inside…


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Copyright

Screenwriters Association of India Applies for Registration as a Copyright Society


The Copyright Office in the Department of Industrial Policy and Promotion has recently issued a public notice stating that the Screenwriters Rights Association of India (“SRAI”) has applied to the Registrar of Copyrights for registration as a copyright society under Section 33 of the Copyright Act, 1957. The public notice and the application by the SRAI are available here. Public comments including suggestions or objections to the application may be addressed to the Copyright Office by September 28, 2017. From the application…


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Copyright Patent

Basic Case Law Series #1: Baker v. Selden


Introduction to Series This series (“Basic Case Law Series) serves as a precursor to another series in the pipeline (“Essential Framework Series”), wherein I will attempt to provide readers with a framework for understanding Intellectual Property law. But before I can do that, I felt it would be beneficial to: A. Have a repository of case summaries (of significant cases) that I can refer to in broader posts. B. Provide readers with analyses of significant case laws that deal with…


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Copyright

Indian Singers Rights Association (ISRA) Gears Up for a Losing Battle against Saregama


Last year, we had written about two victories scored by the performer’s rights society – Indian Singer’s Rights Association (ISRA) before the Delhi High Court against a restaurant and lounge located in Delhi for alleged violation of its performers rights. Both judgments were delivered ex-parte i.e. the defendants never appeared before court. As Balu and I had earlier noted, the manner in which the Delhi High Court proceeded to hear the case ex-parte was not proper in law. In any…


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Copyright

Delhi HC Imposes Cost on Nitish Kumar for Abuse of Process of Law


While Nitish Kumar has got away with the wiliest of political manoeuvring in the recent past, the Delhi High Court has caught him off-guard with a move of its own. In its order dated August 2, 2017, the Delhi High Court has imposed cost of Rs.20,000 on  the Bihar Chief Minister for filing a frivolous application in a copyright infringement suit. The interlocutory application by Nitish Kumar under Order I Rule 10(2) of the Code of Civil Procedure, 1908, seeking…


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Copyright

Delhi HC Order Clarifies Aspects of Section 17 of the Copyright Act


Last Friday, the Delhi High Court passed an order in the case of Neetu Singh v. Rajiv Saumitra (order available here). This is a very interesting case, not only because of the unique fact situation, but due to the questions of copyright law that it throws up. I see this case as important as it provides clarity on how to tackle the question of ‘employment’ under Section 17 of the Copyright Act. Factual Background The Plaintiff filed this suit seeking…


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Copyright

Madras High Court Issues ‘Ashok Kumar’ Order to Block the Internet Archive + 2649 Websites


  In yet another instance of overbroad and disproportionate online censorship, 2650 entire websites have been ordered by the Madras High Court to be blocked, nation-wide, as an interim measure against the infringement of copyright of certain films. The Madras HC, on July 21, 2017 and August 2, 2017, ordered an interim injunction against several Internet Service Providers (ISPs), in a case of copyright infringement, directing the ISPs to disable access to websites upon the plaintiff’s request, including, perplexingly, the…


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