Introduction
In Phonographic Performance Limited and Sonotek Cassettes Company v. State of Goa, the Bombay High Court heard a petition filed by Phonographic Performance Limited and Sonotek (collectively, for ease, “PPL”) under Article 226 of the Constitution, seeking to quash and set aside a circular issued on 30th January 2024...
In Arijit Singh v. Codible Ventures LLP, the Bombay High Court restrained third parties, such as AI platforms, restaurants, merchandise sellers, virtual music events, etc., from violating the personality rights of the renowned Bollywood singer Arijit Singh.
These entities were restrained from using Arijit Singh’s name, voice / vocal style...
Indian Copyright Law and Generative AI: Part 4: Who is liable for infringing outputs?
Akshat Agrawal -
(This post is co-authored with Sneha Jain, Partner, Saikrishna & Associates)
In Part 3 of the Series, we explored the output side of things - showing how if the output generated by the Generative AI model is substantially similar or a trivial alteration, or an adaptation in a different format...
(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...
IPRS vs VODAFONE: Vodafone Liable To Pay Royalties To Authors, For Use of Literary and Musical Works
Savan Dhameliya -
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...
YouTube’s Policy Pitfalls: A Deep Dive into Copyright Claims and Safe Harbor Concerns
Savan Dhameliya -
Copyright enforcement mechanisms play a crucial role in safeguarding the rights of copyright owners. Various digital platforms, including YouTube, have implemented systems to address copyright infringement challenges. However, aiming to strike a balance between protecting content creators and respecting copyright holders is a tricky task. Many concerns have been...
(This post is co-authored with Sneha Jain, Partner, Saikrishna & Associates)
The scope of copyright liability of Generative AI (‘genAI’) models is a hot topic globally. Copyright issues that stem out of genAI technology can be categorized into four heads. All the litigations in the United States form a part...
The clarification given in Novex Communications Pvt Ltd. v. Trade Wings Hotels Limited, that owners of sound recordings can issue licenses without registering as a copyright society, is significant as it has created a lot of momentum in the music licensing space in India. Various entities, engaged in the...
T Series v. Dreamline Reality Movies – Personality Rights do not exist if you are NOT a celebrity.
Savan Dhameliya -
Introduction:
The Additional District Judge, Ludhiana had passed an order dated 23rd November,2023, whereby Dreamline Reality Movies (“Respondents / Dreamline”) were granted an order to restrain Super Cassette Industries Private Limited (“Appellant / T Series”) from producing, telecasting, selling or releasing the movie “Dear Jassi” until the final determination of...
THE IMPLICATIONS OF RDB & CO. V. HARPERCOLLINS INDIA JUDGEMENT AND THE POSSIBLE NEED TO REVISIT THE DEFINITION OF A ‘CINEMATOGRAPH FILM’
Siddhant Sanghavi -
On the 23rd of May, Justice C. Hari Shankar of the Delhi High Court while dealing with the matter of RDB and Co. v. Harper Collins India Pvt. Ltd. regarding the ownership of copyrights to the screenplay of 1996 film ‘Nayak’ held that the first owner of the copyright...