Category Archives: Copyright

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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Copyright Uncategorized

Guest Post: The Producer’s Dubbing Right– A note on Madras High Court’s decision in Thiagarajan Kumararaja v. M/S Capital Film Works

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We are extremely pleased to present before you a guest post written by Sheetal Srikanth. She is an associate at MVS Chambers, Chennai. She is a practising advocate at Madras High Court. She pursued her LLM from University of Toronto, specialising in IPR. She critically analyses the Madras High Court judgment in Thiagarajan Kumararaja v. M/s. Capital Film Works India (Pvt) Ltd. SpicyIP had dealt with this judgment here. This post brings in certain dimensions and perspectives which are quite…


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Copyright Overlaps in IP

Article 13 of the Controversial EU Copyright Directive

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The Internet as you know and love may change. The vote’s out! On 20th June, 2018, the European Parliament’s legal affairs committee (JURI) voted to approve amendments to Articles 11 and 13 of the EU Copyright Directive in the Digital Single Market. These Articles have drawn the ire of many since they require internet platforms to monitor copyrighted material uploaded on their platforms and to pay fees to news companies before linking their content. In this post, I’ll be solely…


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Copyright

SpicyIP Fellowship 2018-19: The Delhi University Photocopy Case: Is Law Just Politics?

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We are pleased to bring to you another guest post by our Fellowship applicant, Kashish Makkar. Kashish is a 2nd year student at NLSIU, Bangalore. This is his second submission for the Fellowship. The first submission can be viewed here. The Delhi University Photocopy Case: Is Law Just Politics? Kashish Makkar Critical Legal Studies (CLS), a jurisprudential movement that started in the late 1970s advocated that law and politics cannot be separated. They were convinced that law is a game…


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Copyright

SpicyIP Fellowship 2018-19: Google Images’ ‘View Image’ Button and Copyright Infringement

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We’re happy to bring you another guest post by our Fellowship applicant Prarthana Patnaik. Prarthana is a 4th year student at National Law University, Odisha. This is her third submission for the Fellowship. The previous submissions can be viewed here and here. Google Images’ ‘View Image’ Button and Copyright Infringement Prarthana Patnaik Google’s Image Search service allows users to view thumbnail images (low-resolution reproduction of images available on other websites) in response to the specific search query entered by the…


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Copyright

SpicyIP Fellowship 2018-19: Can Embedding Tweets Constitute Copyright Infringement?

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We are pleased to bring you a guest post by our Fellowship applicant Prarthana Patnaik. She is a 4th year student at National Law University, Odisha. This is her first submission for the Fellowship. Can Embedding Tweets Constitute Copyright Infringement? Prarthana Patnaik On 15th February, 2018, a New York District Court ruled that embedding tweets may amount to copyright infringement. This decision (Goldman v. Breitbart) has generated widespread criticism for it has far-reaching implications on acts of in-line linking done…


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Copyright

‘Monkey-Selfie’ Lawsuit Comes to an End

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The much talked about ‘Monkey Selfie’ lawsuit – a favourite of copyright law enthusiasts across the world, recently came to an end. As our readers are bound to recall, the dispute began in 2011, in the forests of Indonesia, where Naruto, a black macaque monkey swiped British Photographer, David Slater’s camera and clicked a selfie. Unbeknownst to Naruto, this picture soon became the reason for a lawsuit that not only lasted several years, but also became monumental in shaping the…


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Copyright

IFPI Music Report, 2018 Is Out with A Bunch of Healthy Sale Figures But Persisting “Value Gap”

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We are 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”. While working with the said law firms, she has…


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Copyright

Oracle v Google – US Court of Appeals Rules Against Google’s ‘Fair Use’ of Oracle’s Java APIs

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Another day, another multi-billion dollar judgement potentially hazardous to the software development community. In the latest round of the Oracle v Google dispute over the use of Java (Oracle) API’s in Android (Google), the Court of Appeals for the Federal Circuit of the United States (CAFC) overturned the lower court’s jury verdict that Google’s use of Java APIs was fair, and remanded the case back to trial (for the third time) on damages that Google would have to pay –…


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