BIGG BOSS INFRINGEMENT: BOMBAY HIGH COURT RESTRAINS ORGANISERS OF ‘BIGG BOSS JAMMU’ FROM INFRINGING BIGG BOSS’ TRADEMARK AND COPYRIGHT
Angad Makkar -0
The Bombay High Court, vide Order dated 20th October 2021 in Endemol Shine Nederland Producties B.V. & Ors. v. Angel Singh aka Lucky Trading as 999 Productions & Ors. (COMIP(L)/28812/2021) (hereinafter, the “Order”) granted an ex parte ad interim injunction against the Defendants, who were shown to be organising...
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...
THE APPLICABILITY OF THE DEFENSE OF DE MINIMIS USE IN LIGHT OF THE US COURT OF APPEAL’S JUDGMENT IN BELL V. WILMOTT
Vanshika Arora -
INTRODUCTION
Copyright can be infringed by an act as simple as clicking a picture of a copyrightable work, or printing posters of a famous band and hanging them in private property. Despite the existence of a proper legal framework to protect the rights of a copyright holder, this form of...
CONFIDENTIALITY AND COPYRIGHT INFRINGEMENT: INTERESTING OBSERVATIONS FROM THE BOMBAY HIGH COURT (TARUN WADHWA VS SAREGAMA INDIA LIMITED)
Angad Makkar -
The Bombay High Court’s order dated 20th October 2021 in Tarun Wadhwa v. Saregama India Ltd. & Anr. (COMIP 4366/2021) (hereinafter, the “Order”) delved extensively into the legal principles governing a breach of confidentiality in copyright cases, while also briefly reiterating the settled law on idea-expression dichotomy. Notable observations...
DELHI HIGH COURT RULES IN FAVOUR OF T SERIES & SAREGAMA IN COPYRIGHT INFRINGEMENT CASE AGAINST RADIO BROADCASTERS FOR VIOLATION OF RULE 29 OF COPYRIGHT RULES [READ JUDGEMENT]
Anushree Rauta -
T Series and Saregama had filed independent copyright infringement suits against several radio broadcasters for violating the provisions under Rule 29 of the Copyright Rules, 2013 while invoking their statutory license in furtherance of the IPAB judgement dated 31st December 2020.
The Delhi High Court vide its order dated 9th...
AIFCC FILES APPLICATION FOR REGISTRATION AS A COPYRIGHT SOCIETY FOR ALL UNDERLYING WORKS IN A CINEMATOGRAPH FILM/ SOUND RECORDING
Anushree Rauta -
The Copyright Office vide public notice dated October 27, 2021, notified that the All India Film Chamber of Commerce (AIFCC) 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...
RE-WRITING OF RULES ON STATUTORY LICENSE MANDATING PRIOR NOTICE BY MADRAS HIGH COURT
Pranita Saboo -
Introduction:
The concept of statutory licensing was introduced in the Copyright Act vide the 2012 amendments, however, it received its actual opportunity of practical application in 2020, after the applications for statutory licensing of sound recordings were filed by the radio broadcasters before the IPAB.
The order dated 31.12.2020 passed by...
Introduction: A Tale of Two Rights
Copyright Act, 1957 provides two kinds of rights for the authors - 1.) economic rights (Section 13), and 2.) moral rights (these are ‘Special’ rights as per Section 57). Both these kinds have separate jurisprudential backings (we explained something here). The former is majorly...
REVISITING SETTLED TENETS OF INDIAN COPYRIGHT LAW: ALLAHABAD HC’S REFUSAL TO STAY RELEASE OF THE FILM ‘CHEHRE’
Angad Makkar -
The Allahabad High Court’s recent decision in Uday Prakash v. Anand Pandit and Anr. was particularly illuminative with respect to certain established principles under Indian copyright law, while also shedding light on the procedural requirements in a quia timet action and applications for temporary injunctions. The Court herein...
PARLIAMENTARY STANDING COMMITTEE ON COMMERCE RECOMMENDS AMENDMENT TO SECTION 31D TO INCORPORATE INTERNET/ DIGITAL BROADCASTING: LEVEL PLAYING FIELD OR DISRUPTION?
Anushree Rauta -
The Department related Parliamentary Standing Committee on Commerce submitted its 161st Report on Review of the Intellectual Property Regime in India. Read report here.
The Committee has recommended to amend Section 31D of the Copyright Act, 1957 for incorporating ‘internet or digital broadcasters’ under statutory license in wake of the...