Category Archives: Copyright

Copyright

Copyright in “Standards”: Taking a look at the PIL by Malamud, Sinha & Kodali against BIS


The issues of copyrights in standards is back in the limelight after a recent judgment of a Federal Court in the US, ruling against Public Resources in a lawsuit filed against it by standards bodies like the American Society for Testing and Materials (ASTM), the National Fire Protection Association (NFPA), etc. Techdirt provides a nice summary and analysis of the judgment. The works at dispute in this case were “standards” which were developed by private bodies but then made compulsory…


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Copyright Others

The ‘Artist’ who Traversed through Unchartered Territories of Law


The controversial artist, J.S.G Boggs, who ‘literally’ made money, passed away recently.  [For news reports, see here, here and here]. Mr. Boggs is said to have painstakingly reproduced British pounds, Swiss francs and American dollars, with quirky deviations. Initially, he created notes one by one, which was a time-consuming process. Later, he ran off limited-edition prints. The interesting modus operandi was as follows: He presented his currency to merchants as payment for goods and services. If the bills were accepted,…


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Copyright Patent

The Press Release Journalism Around the GIPC IP Index


It is that time of the year once again – the Global Intellectual Property Centre (GIPC) has released its international IP Index to help measure the global IP environment. As is usually the case with the GIPC index, India is located close to the bottom of the 40-45 countries that are considered for the index. This year the GIPC has placed India at 43rd out of a list of 45 countries. In the past, Swaraj and Kartik have questioned the…


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Copyright

Kerala Police at it Again: Embarks on a Massive Anti-Piracy Drive


The Anti-Piracy Cell (‘APC’) of the Kerala police, often in the news in the past for its strong anti-piracy enforcement drives, is again in the limelight for the arrest of two of mobile phone traders and seizure of pirated copies of copyrighted Malayalam movies. The incident does not seem to be a one-off event and the police have reportedly decided to carry similar drives all across the state. The APC seems to have been on their toes throughout the end…


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Copyright

New Lancet Study about Deaths by Litchi Fruit Raises Questions about Misappropriation of Indian Science Research


In a development that raises a number of profound and fundamental questions about the phenomenon of Indian science research being misappropriated without proper attribution, a study recently published in the Lancet has identified the consumption of the litchi fruit as the causative factor responsible for the death of scores of young boys in the Muzaffarpur region of Bihar. Published by India’s National Centre for Disease Control and the India Office of the Center for Disease Control and Prevention in Atlanta,…


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Copyright

Attention musicians & songwriters: IPRS to hold Extra-ordinary General Meeting on February 9, 2017 to replace its Articles


At long last, the Indian Performing Rights Society (IPRS) will be holding an extra-ordinary general meeting (EGM) on February 9, 2017 to begin the process of overhauling its governing regulations. This has been long overdue since IPRS has been on the wrong end of the law for a long time as we explain here and here. The notice laying down the agenda for the meeting can be accessed on the IPRS website over here. The first item on the agenda…


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Copyright

Making Copyright Lose Again: Donald Trump and Plagiarism Allegations


Given the serious nature of the many wrong doings that Donald Trump has been accused of, copyright infringement is certainly going to be on the bottom of the list of his misdemeanours and something his lawyers should be least bothered about. Nevertheless, with every passing day, charges of plagiarism against Trump and his coterie seem to be piling up. While most of these charges may have an element of truth to them, whether any of them would actually stand the…


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Copyright

TRAI’s Tariff-ic Order and Broadcasters’ Rights under the Copyright Act – Part II


In the first part of this post, I analyzed TRAI’s power under Section 11 and concluded that it can regulate the pricing of TV channels under the Impugned Order. In this part of the post, I will try to resolve the apparent conflict between the Impugned Order and the copyright act (the Act). But, first things first: can delegated legislation be held invalid for being contrary to another statute? Delegated legislation vs. Statute Ideally, a delegated legislation will be rendered invalid…


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Copyright

TRAI’s Tariff-ic Order and Broadcasters’ Rights under the Copyright Act – Part I


On 10th October 2016, the Telecom Regulatory Authority of India (TRAI) released a draft broadcasting tariff order (the Order) which is sought to be brought into effect by 1st April 2017. The Order Inter alia seeks to fix a ceiling on the maximum retail price (MRP) on TV channels. Star India Pvt. Ltd. (Star India) challenged the Order before the Madras High Court on grounds that it stands in conflict with the Copyright Act, 1957. On 23rd December, the Court…


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Copyright

Del HC Single Bench Refuses Impleadment/Intervention of IRRO & Publishers’ Associations in Remanded DU Photocopy Suit


Earlier this month, in the DU photocopy suit that was remanded to the Single Bench by the Division Bench on certain issues, Justice Endlaw passed an order firmly refusing the applications filed by two publishers’ associations (API and FIP) and IRRO for impleadment and intervention in the suit respectively. He reasoned that the suit had been remanded only for a fact specific determination that concerned the Plaintiff-publishers alone and the applicants had no say in it. Background As our readers…


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