Category Archives: Copyright

Copyright

IPRS Rejoins Cisac After a Two Year Hiatus

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The Indian Performing Right Society (IPRS) has been readmitted to International Confederation of Societies of Authors and Composers (Cisac) as an associate member, after spending two years in exile. The readmission comes after a string of reforms carried out within IPRS, that that bring it in compliance with Cisac rules and best practices. Cisac is a non-governmental, not-for-profit organisation, and is the world’s leading network of authors’ societies, with 239 members in 122 countries. It represents more than four million…


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Copyright Others

Does Sui Generis Protection of Unoriginal Databases Reconcile Access and Incentive to Actualise Public Good?

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We’re pleased to bring to you a guest post by Siddharth Sonkar. Siddharth is a 4th year student at NUJS, Kolkata. Does Sui Generis Protection of Unoriginal Databases Reconcile Access and Incentive to Actualise Public Good? Siddharth Sonkar Recently, theft of databases, especially in the Business Processing Outsourcing (BPO) sector in India has reportedly become endemic, ushering the database industry towards a market failure. Database industry in India loosely comprises companies which generate databases relating to banking and finance stock markets,…


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Copyright

Is Braille a ‘Language’ Capable of Translation, Reproduction or Adaptation under Copyright Law?

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We’re pleased to bring to you an interesting guest post by Dr. Sunanda Bharti. Dr. Sunanda is an Assistant Professor in Law at Delhi University. She has written a guest post for us in the past as well, which can be viewed here. Is Braille a ‘Language’ Capable of Translation, Reproduction or Adaptation under Copyright Law? Dr. Sunanda Bharti It is ITC’s advertisement in which the leading health and hygiene brand, Savlon is shown introducing Braille enabled packs of Savlon Antiseptic Liquid…


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Copyright

A Draft Amendment to the Cinematograph Act could Put You In Jail the Next Time You Record an End-Credits Scene in a Movie Hall

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The Ministry of Information and Broadcasting recently published a draft amendment to the Indian Cinematograph Act of 1952, with the stated aim of countering film piracy. The draft amendment, to Section 7(4) of the Cinematograph Act reads – “Notwithstanding any law for the time being in force including any provision of the Copyright Act, 1957, any person who, during the exhibition of an audiovisual work, cinematographic in an exhibition facility used to exhibit cinematograph   films   or   audiovisual   recordings   and   without  …


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Copyright

The Sensory Copyright Conundrum: An Analysis of the CJEU’s Decision With Respect to Copyright in the Taste of Cheese

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We’re pleased to bring to you a guest post by Akshat Agarwal on the recent decision of the Court of Justice of the European Union on copyrightability of taste. Akshat is a 4th year student at the Jindal Global Law School, Sonipat. The Sensory Copyright Conundrum: An Analysis of the CJEU’s Decision With Respect to Copyright in the Taste of Cheese Akshat Agrawal The Court of Justice of the European Union in the recent case of Levola Hengelo BV v….


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Copyright Trademark

The Rihanna-Trump Showdown and The Use of Music in Political Campaigns

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This month saw a highly publicised altercation between pop queen Rihanna and US President Trump.  She called out the President for playing her popular hit song “Don’t Stop the Music” at his rally. In her cease-and-desist letter, Rihanna’s legal team specified that the idol’s consent should have been taken before playing her song at the rally. The issue, however, is more complicated than the simple matter of the artist’s consent to such usage and has been highly debated in the past….


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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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