MORALIZATION OF CONTENT: CONSTRUCTING POPULAR SUBJECTIVITY OR DECONSTRUCTING COPYRIGHT ETHOS?
Lokesh Vyas -0
Martin R. Lemieux’s famous quote “All in the eye of the beholder - Some of the most destructive forces in the world (Fire & Water), can also have the power of beauty.” can have multiple interpretations, however, I see this as epitomizing the beauty of subjectivism and rationalism. It...
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...
The Delhi High Court’s recent decision in Samir Kasal v. Prashant Mehta delved into the question of copyrightability of cricket. It also delved into the legal principles of breach of confidentiality, while also demotivating plaintiff’s intention to cause harm to the defendants by approaching the Court at the nick...
Guest post: Ankit Relan- Mashups, Cover Versions and all that Jazz under the Indian Copyright Law
Anushree Rauta -
I am pleased to bring to you our first guest post by Ankit Relan. Ankit Relan, is a practicing attorney in the Delhi High Court, and represents some of the biggest names in the film and music industry in India. He handles the copyright and technology law practice at...
What happens when two people claim rights on the same work? Both are right-holders in ‘their opinion’; both have run ‘their’ rights for a substantial time until one day their obliviousness outbursts. Here, how to test ‘true’ ownership? Is it a question of law or a question of fact?...
This article is co-authored by Harshil Dureja .
The present article is in two parts, the first part explicates the issue in case and discusses the copyrightablity of Sherlock Holmes’ feelings. The second part highlights the notion of copyright misuse as contended by the Defendant and discusses some of notable...
IMPACT OF THE REPEALING AND AMENDING (SECOND) ACT, 2017 APROPOS COPYRIGHT AMENDMENT ACT, 1999 AND 2012- ONLY AN EDITORIAL REVISION
Anushree Rauta -
Prashant Reddy’s post on Spicy IP titled ‘Parliament repeals the Copyright (Amendment) Act, 1999 and Copyright (Amendment) Act, 2012: What effect will it have on the Copyright Act?’ took many of us by surprise as to the ramifications this would have on the media and entertainment industry.
In this post,...
GUEST POST: DECRIMINALISATION OF OFFENCES UNDER THE COPYRIGHT ACT, 1957- NOT A BLOCKBUSTER MOVE- BY MRIDULA DALVI
Anushree Rauta -
In the past two years, the Central Government has slowly but steadily moved towards the decriminalisation of offences based on industry feedback that antiquated laws hamper the ease of doing business in India. There is also a school of thought that decriminalising certain economic offences will reduce the immense...
MADRAS HIGH COURT DECISION IN NOVEX VS DXC- WILL IT CHANGE THE WAY COPYRIGHT LICENSING BUSINESS IS CONDUCTED IN INDIA? IMPACT AND ANALYSIS (PART 1)
Anushree Rauta -
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...
(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...