(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...
Introduction:
The concept of statutory licensing was introduced in the Copyright Act vide the 2012 amendments, however, it received its actual opportunity of practical application in 2020, after the applications for statutory licensing of sound recordings were filed by the radio broadcasters before the IPAB.
The order dated 31.12.2020 passed by...
I am delighted to announce that we at IPRMENTLAW are conducting for the first time ever, the biggest virtual roundtable conference on June 21, 2020 at 4.30pm on the occasion of the Copyright Amendment Act, 2012 completing eight years, topic being ‘Need to revamp the Copyright Act?’.
In 2010, I...
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...
(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...
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...
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...
The end of 2020 and beginning of 2021 saw two landmark decisions which would change the face of music industry in India, the first one being of IPAB’s decision on radio royalties in the first statutory licensing case (Music Broadcast Limited vs Tips Industries Limited & Ors) under Section...
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....
In a copyright infringement suit filed by Sony Music, Bombay High Court has granted an ad-interim injunction in favour of Sony Music against KAL Radio thereby restraining them from broadcasting / communicating the content of Sony Music (Indian and International repertoire) on its FM radio stations, without complying the...
