BREAKING: GOVERNMENT PROPOSES TO AMEND THE COPYRIGHT RULES, 2013 SEEKS TO BRING ALL MODES OF BROADCAST WITHIN THE AMBIT OF STATUTORY LICENSING PROVISIONS [READ DRAFT RULES]
Anushree Rauta -1
The Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) has notified on May 30, 2019 the proposed amendments to the Copyright Rules, 2013 (“Proposed Rules”) in exercise of its powers conferred under Section 78 of the Copyright Act, 1957. The Ministry has sought objections...
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 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...
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...
The Bombay High Court vide its order dated May 22, 2020 refused to grant any ad-interim reliefs to the plaintiffs Sameer Wadekar and Mahesh Gosavi in their copyright infringement claim against Netflix, Red Chillies, director and writer of the Series, where the plaintiffs claimed that the web series infringed...
Producers Copyright Guild issues public notice inviting authors of sound recordings and cinematographic films to form a copyright society
Anushree Rauta -
Producers Copyright Guild (PCG) has issued a public notice in a trade magazine inviting all sound recording and cinematographic film authors to get membership of the PCG. ‘Author’ referred in the public notice is “Producer” as defined under Section 2 (d)(v) of the Copyright Act, 1957.
The public notice further...
Performers rights conundrum – Patiala House Court, Delhi clarifies on several controversial issues
Anushree Rauta -
In June, 2018 there was an interesting judgement passed by the Patiala House Court, Delhi in relation to performers rights. A judgement which if relied on by any of the higher courts would be catastrophic for ISRA (Indian Singers Rights Association) and performers claiming right to receive royalties in...
I am delighted to announce that we at IPRMENTLAW are conducting for the first time ever, the biggest virtual roundtable conference on June 21, 2020 at 4.30pm on the occasion of the Copyright Amendment Act, 2012 completing eight years, topic being ‘Need to revamp the Copyright Act?’.
In 2010, I...
(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 WEDDING CEREMONIES COPYRIGHT INFRINGEMENT CASE: PPL WITHDRAWS SUIT IN VIEW OF AMICABLE SETTLEMENT; COURT APPOINTED EXPERT DR. ARUL GEORGE SCARIA’S REPORT TAKEN ON RECORD
Anushree Rauta -
In the much-awaited decision which would have had a tremendous precedential value determining the scope of fair use exceptions of use of music in wedding ceremonies under Section 52(1)(za), the matter has been withdrawn by PPL in view of an amicable settlement arrived at between the plaintiff Phonographic Performance...