Tuesday, July 2, 2024
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(Zidd (Urdu/Hindi word) = insistence, persistence or doggedness.) Judgments, especially of higher courts, are juggernauts capable of jamming future judgments of the lower courts (and sometimes even the similar stature courts). Aren’t they? After all, this is how Stare Decisis works in common law countries - precedents possess legal piety....
A decade ago on this very day, the Copyright Amendment Act of 2012 came into effect. This amendment brought with it some sea changes which changed the landscape of the way the media and entertainment industry especially the music industry was functioning. As we celebrate the tenth year of...
Introduction: Music is an important part of Indian culture and no weddings in India are complete without music. Understanding this, an exception of fair use of music at marriages and social festivities associated with marriage was expressly carved out under Section 52(1)(za) of the Copyright Act, 1957 vide an amendment...
I often receive queries on whether one can use clippings for up to 30 seconds or less without requiring any license? Isn’t it permissible under principle of de minimis non curat lex? Can a news channel simply use songs in one of its programmes and claim defense of fair...
(This article is co-authored with Sangita Sharma, a 3rd -year student from Gujarat National Law University, Gandhinagar.) Who Came Together and Why? (Facts of the Case) - “Come together and fight” generally has a positive intuitive appeal, but these intuitions change when the same happens before the court(s) between the plaintiffs...
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...
The Copyright Office vide public notice dated February 18, 2022, notified that the Pahari Performing Rights Association has filed an application for registration as a copyright society under Section 33 of the Copyright Act, 1957 for carrying out business of issuing or granting license in respect of musical works...
About Author: Keshab Roy Choudhury is a fourth year student at Jindal Global Law School, Sonipat. He is interested in IP and competition law. I. Introduction: The WIPO has recognized the importance of leveraging the power of IP to protect the commercial interests of the various participants in the...
Before-Background All authors can be owners but not all owners can be authors, except producers. You may mind - why producers are more equal than others, or more subtly, why do they get such peachy privilege? Simply, because the statute says so! But why does the statute say so -...
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...

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