The Madras High Court in the case of Novex Communications Pvt. Ltd vs DXC Technology Pvt. Ltd & Anr has held that the business of issuing licenses in any work in which copyright subsists can only be done by a registered copyright society if the work is incorporated in...
T Series and Saregama had filed independent copyright infringement suits against several radio broadcasters for violating the provisions under Rule 29 of the Copyright Rules, 2013 while invoking their statutory license in furtherance of the IPAB judgement dated 31st December 2020.
The Delhi High Court vide its order dated 9th...
Lahari Recording Company has challenged Section 31(1)(b) and 31D of the Copyright Act, 1957 before the Supreme Court by filing a petition under Article 32 of the Constitution. The Supreme Court vide order dated July 13, 2018 has issued notice in the matter. The matter is tentatively listed on...
In a very interesting precedent from the Madras High Court, M/s Novex Communications Pvt. Ltd., a company which sometimes acts as an “agent” and sometimes “owner” of the right to “on ground performances” of the catalogues of several music labels (contracts available on its website here), has lost its...
Introduction
The case of The Indian Performing Right Society Ltd v. Vodafone Idea Ltd., is a significant ruling for the music industry containing critical aspects of the rights of authors to receive royalties, and particularly concerning the use of literary and musical works in telecommunications.
The Calcutta High Court, in its...
In a rather detailed judgment dated May 28th, 2018, a Division Bench of the Delhi High Court has upheld the constitutionality of certain provisions of the Copyright Rules, 2013 in the matter of Anand Bhushan & Ors. v. Union of India.
To give a brief background: In 2013, a writ petition was filed in...
(Please Note: The issues and arguments presented here are for academic discussion. They do not reflect any personal stance or opinion of IPRMENTLAW).
Recently in Dipak Ranjan Mukherjee v. Ministry of Commerce & Industry certain information was requested under the Right to Information Act, 2005, regarding compliance records, government letters...
The Copyright Amendment Act, 2012 came into effect on June 21, 2012. As our beloved Copyright Amendment Act, 2012 turns six today, here is what our industry experts have to say:
Ashish Chandra, Director - Technology & Transactions, Netflix India*-
“These were very progressive and forward-looking amendments at that time....
(This post is co-authored with Sneha Jain, Partner, Saikrishna & Associates)
Having first considered the question of whether storing copyrightable works for training purposes is reproduction that amounts to copyright infringement under Section 51 of the Indian Copyright Act, 1957, in this second post of this series we will specifically...
The Indian Performing Rights Society (IPRS) has filed a suit in the Bombay High Court against Ushodaya Enterprises Pvt. Ltd which runs the radio channel Eenadu FM/ EFM.
The order dated December 9, 2019 states that the Interim Application is made in a Commercial IP Suit based on the rights,...
