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...
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...
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...
In a copyright infringement suit filed by Sony Music, Bombay High Court has granted an ad-interim injunction in favour of Sony Music against KAL Radio thereby restraining them from broadcasting / communicating the content of Sony Music (Indian and International repertoire) on its FM radio stations, without complying the...
(This post has been co-authored by Harshil Dureja and Anushree Rauta)
Phonographic Performance Limited (PPL) (petitioner) is a collective rights organization licensing its members’ sound recordings for communication to public in the areas of public performance and radio broadcast. PPL owns and/or controls the Public Performance rights of some of...
Saregama has moved Delhi High Court against Mohalla Tech Private Limited, the holding company of the short video format platforms “Sharechat” and “Moj” alleging infringement of their copyright.
Last year, Saregama and Sharechat had inked a global licensing deal which enabled use of Saregama catalogue for social media experiences on...
What happens when two people claim rights on the same work? Both are right-holders in ‘their opinion’; both have run ‘their’ rights for a substantial time until one day their obliviousness outbursts. Here, how to test ‘true’ ownership? Is it a question of law or a question of fact?...
This article is written by Lokesh Vyas and Angad Makkar.
Background
On April 4, 2021, the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 (“the Tribunals Ordinance”) was promulgated which dissolved certain existing appellate bodies and transferred their functions (such as adjudication of appeals) to other existing judicial bodies. A...
(This post is co-authored by Umang Sethi, a fourth year student from Institute of law Nirma University.)
The first part of the post analyzed case and highlighted some crucial parts of the case that require further scrutiny. The present post will look at the policy implications for mandatory copyright registration...
