Author: Neha Bhambhani
Introduction
India’s cultural memory is being rewritten in real-time through music. The songs that were preserved on tapes and cassettes in the 1960s are now global digital assets. Today, they are being streamed online in the form of short videos, advertisements, and remixes, which can be licensed...
BREAKING: GOVERNMENT PROPOSES TO AMEND THE COPYRIGHT RULES, 2013 SEEKS TO BRING ALL MODES OF BROADCAST WITHIN THE AMBIT OF STATUTORY LICENSING PROVISIONS [READ DRAFT RULES]
Anushree Rauta -
The Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) has notified on May 30, 2019 the proposed amendments to the Copyright Rules, 2013 (“Proposed Rules”) in exercise of its powers conferred under Section 78 of the Copyright Act, 1957. The Ministry has sought objections...
Finally, it’s time when the court, as in the case of IPRS v. Eastern India Motion Pictures (1977 AIR 1443), will have to revisit the concept of copyright infringement in underlying musical works incorporated in a cinematographic film. The status quo however varies from the position back in 1977...
UPDATE: IPRS VS ENIL- APPEAL FILED- DELHI HIGH COURT HOLDS THAT SINGLE BENCH DECISION NOT TO BE CITED AS A PRECEDENT IN ANY PROCEEDINGS UNTIL FURTHER ORDERS
Anushree Rauta -
In an appeal filed by IPRS before Delhi High Court against the single bench decision passed by Justice Endlaw on January 4, 2021, the division bench of Justice Manmohan and Justice Asha Menon on January 14, 2021 issued notice and held that until further orders, the single bench decision...
Saregama has moved Delhi High Court against Mohalla Tech Private Limited, the holding company of the short video format platforms “Sharechat” and “Moj” alleging infringement of their copyright.
Last year, Saregama and Sharechat had inked a global licensing deal which enabled use of Saregama catalogue for social media experiences on...
Delhi High Court Upholds the Constitutionality of Rules Relating to Tariff Schemes of Copyright Societies Under the Copyright Rules, 2013
Anushree Rauta -
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...
IPRS MOVES BOMBAY HIGH COURT AGAINST USHODAYA ENTERPRISES WHICH RUNS THE RADIO CHANNEL EENADU FM
Anushree Rauta -
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,...
This article is written by Lokesh Vyas and Angad Makkar.
Background
On April 4, 2021, the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 (“the Tribunals Ordinance”) was promulgated which dissolved certain existing appellate bodies and transferred their functions (such as adjudication of appeals) to other existing judicial bodies. A...
Performers rights conundrum – Patiala House Court, Delhi clarifies on several controversial issues
Anushree Rauta -
In June, 2018 there was an interesting judgement passed by the Patiala House Court, Delhi in relation to performers rights. A judgement which if relied on by any of the higher courts would be catastrophic for ISRA (Indian Singers Rights Association) and performers claiming right to receive royalties in...
Lahari Recording Company challenges Section 31 (1)(b) and 31D of the Copyright Act before Supreme Court
Anushree Rauta -
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...





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