Monday, December 6, 2021
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The end of 2020 and beginning of 2021 saw two landmark decisions which would change the face of music industry in India, the first one being of IPAB’s decision on radio royalties in the first statutory licensing case (Music Broadcast Limited vs Tips Industries Limited & Ors) under Section...
In the first part of the article, we argued that the copyrightability of Sherlock’s emotion is not possible under copyright law and it seems to be a gimmick to extend the protection over the character of Sherlock which is already in the public domain. As the name suggests, copyright misuse...
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...
The Telangana High Court, in a recent decision titled M/S Super Cassettes Industries Private Limited v. Nandi Chinni Kumar and Ors., has upheld the concept of “life rights” as elements of copyright- and  in fact, upheld an order for an injunction against the Appellant’s (hereinafter, “Defendant”) film, for violating...
The Copyright Office vide its public notice dated November 27, 2020 has invited for objections/ comments, if any from public/ stakeholders, in respect of application filed by Screenwriters Rights Association of India (SRAI) for registration as a copyright society under Section 33 of the Copyright Act in literary and...
This article is co-authored by me and Umang Sethi, a fourth year student from Institute of Law Nirma University, Ahmedabad. In addition to being infamous for moral rights infraction, the controversy over the song “Genda Phool'' by Badshah, illustrates the mystifying nature of the internet. The song was embroiled in...
Recently, in the case of Mattel Inc. v. Present Enterprises and Ors., the Delhi High Court was faced with the question of protection of foreign works under Indian Copyright Law and protection of word marks and shape marks. The case was decided ex-parte, which also became a relevant factor...
For those interested, here is a transcript of the full oral arguments that transpired at the US Supreme Court on 7/10/2020 and here is an audio of the same. If you wish to briefly understand my perspective on US software copyrights, check out Part 1. BRIEF BACKGROUND TO THE DISPUTE This...
TAKEAWAYS ABOUT SOFTWARE COPYRIGHTABILITY FROM WHAT TRANSPIRED AT THE U.S. SUPREME COURT *Long post ahead* PART 1: Software Copyright – Basic concept and background PART 2: Analysis of the Google v. Oracle oral arguments at the US Supreme Court. PART 1: SOFTWARE COPYRIGHTS Turn back to 1980, it is a new day, in...
The Department for Promotion of Industry and Internal Trade (DPIIT) has called for another stakeholders consultation meeting to discuss the various aspects pertaining to registration of multiple copyright societies as opposed to single copyright society in a single class of work. The meeting is on 15th September, 2020 (Tuesday), from...

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