The Kerala High Court in O. P. Ashraf v The State of Kerala and Others (can be accessed here) has held that the prosecution could not establish the necessary ingredients which constitute copyright infringement under Section 51(a) of the Copyright Act, 1957, and therefore the High Court has now...
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...
1. How does the IPRS Stage at Serendipity Arts Festival 2024 contribute to preserving and promoting India’s folk music while providing a platform for emerging artists?
Preservation of an art form happens when it is showcased to an audience, especially to one that may not go to museums or read...
(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...
(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...
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...
In a significant development in the domain of digital IP enforcement, Sony Music Entertainment India Private Limited has dragged Myntra Designs Private Limited to the Bombay High Court over the alleged unauthorized use of its copyrighted sound recordings in promotional materials.
The dispute seems to be on Myntra’s use of...
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...
(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...
(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...
