Category Archives: Copyright

Copyright

The Government Moots Proposal to Amend Sports Broadcasting Law – Deadline for Comments is December 31, 2018

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Since the dawn of private sports broadcasting in the early nineties, private broadcasters and Prasar Bharti, which is the government owned broadcaster, have been constantly squabbling over the sharing of broadcast signals of international cricket matches featuring Team India which is officially owned by the Board of Cricket Control of India (BCCI).  Boria Majumdar has a very interesting account of these early battles in this article published in Open. These disputes often end up before the Supreme Court which in…


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Copyright

Registration of RMPL as a Copyright Society – Will It Set the Stage for New Repertoire of Problems?

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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 has recently started independent practice under the banner “The Endretta”. Registration of RMPL as a Copyright Society – Will It…


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Copyright

Copyright Infringement Suits Invoking Right to Receive Royalty: Square Peg in a Round Hole?

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We’re pleased to bring to you a guest post by Abhilasha Nautiyal and Aditya Gupta on the recent order of the Calcutta High Court wherein it directed Vodafone to deposit 2.5 crores in a copyright infringement suit filed by IPRS. Abhilasha and Aditya are attorneys at Ira Law, a firm that they have recently co-founded with other colleagues. Aditya was a part of a law firm for 7 years and more recently, an associate at the chambers of Mr. Amit Sibal….


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Copyright Others

Delhi High Court Once Again Tackles the Issue of IP in Customer Lists – Delivers a Solid Judgment in Favour of Employees

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An issue which keeps popping up in Indian litigation is whether it is possible for employers to restrain former employees from using customer lists after leaving employment. These legal actions are usually based in copyright law or contractual agreements that have clauses on confidentiality and restraints against post-employment competition. In a recent judgment by Justice Endlaw, in the case of Navigators Logistics Ltd v. Kashif Qureshi & Ors. the above issues are decided in favour of former employees in a…


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Copyright

On How the Stairway to Heaven Dispute Dealt with Proof of Access and the Inverse Ratio Rule

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Last week’s decision of the US Ninth Circuit Court of Appeals to remand for a new trial in the famous Skidmore-Led Zeppelin dispute created quite a controversy. The litigation revolves around the popular Led Zeppelin rock song, Stairway to Heaven, which was allegedly copied from Taurus, a song written by the Spirit band member, Randy Wolfe. The lawsuit was brought by Michael Skidmore (trustee of Wolfe’s Trust), claiming that “Led Zeppelin needs to do the right thing and give credit where credit…


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Copyright

Daylight Robbery: How Twitter Owns Everything You Upload

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Every time I agree to terms and conditions or software licensing agreements without reading them, I spend a brief moment feeling guilty. As if I had just betrayed the profession that I am about to enter. In hindsight, perhaps I ought to have spent a bit longer to read them because there seems to be a lot that slipped by in Twitter’s Terms of Service. Our friends at IPKat recently carried a post concerning a decision of a Paris Tribunal…


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Copyright

Madras HC in Miss Kajal Aggarwal v. The Managing Director, M/s V.V. D & Sons Pvt. Ltd

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This appeal on the Original Side (Original Side Appeal No.269 of 2017), was  filed under Order XXXVI Rule 1 of the O.S. Rules  read with Clause 15 of the  Letters Patent  against the  judgment and decree dated 03.07.2017 delivered in C.S.No.635 of 2011. The dispute was inter alia pertaining to the extent of copyright protection over the subject-matter cinematograph film. The judgment is available here. Brief facts The appellant-actress is a well-known actress in South India. In early stages of…


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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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