The Leviathan’s Return: Supreme Court’s intervention in the contested WrestleMania of S. 33 of the Copyright Act
Akshat Agrawal -1
The Delhi High Court’s Division Bench judgment in Azure Hospitality Private Limited v. Phonographic Performance Limited, followed by the Supreme Court’s partial stay order in PPL v. Azure (SLP(C) No. 10977/2025), has reignited a fundamental question that has plagued India’s copyright ecosystem since the 1994 amendment: Can entities, through creative...
(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...
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...
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...
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...
Introduction
On 8th October 2023, NRI author George Thundiparambil filed a lawsuit against the team behind the novel “Barroz - Guardian of D’ Gama’s Treasure”, asserting that both the novel and forthcoming 3D film of the same name, infringed on his copyrighted work MAYA. The lawsuit has been filed in...
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...
Recently, a Navi Mumbai company faced a copyright infringement case for the unauthorized use of the Sailfin font. The case has been registered in Khandeshwar police station under the provisions of the Copyright Act, 1957, against a company and its owners for use of the Sailfin font without 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...
Selling Fake Cassettes not copyright infringement, only if there is no sufficient evidence.
Savan Dhameliya -
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...