Copyright on Architectural Works in India – A weak foundation?

Copyright law never ceases to surprise us with its complex yet interesting issues that affect our day to day lives. About a week ago, the IP world was flooded with news that pictures of the Eiffel Tower taken at night would amount to infringement of copyright, however pictures taken during the day wouldn’t violate provisions of the copyright law in France. The European Union in 2001 issued a directive with respect to copyright law stating that photographs of buildings in public spaces can be…

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Intellectual Property Law for Fashion designers

The Fashion Industry is an Intellectual property intensive industry as it is that industry that involves continuous creation of new and innovative ideas that are commercially exploited. If you just look at your reflection in the mirror, you will find that you are literally wearing “ Intellectual Property ”. The brand that you are wearing is most probably protected under trademark law, the floral design or any other like pattern on the dress is a design and can be protected under the Designs law…

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Copyright for script writers – Don’t copy, just write!

“I could not afford to go to Delhi just to register my script” says Mr. Gopi, a script writer who recently filed a suit against the “Kaththi” director Murugadoss accusing him of stealing his script. I watched this very interesting interview of his where he says that he’s met with the director thrice and had discussed the script with the director’s assistant for years together. When asked if he had given his script prior to the release of the film, he replied in the affirmative and said that he…

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Copyright in Images – Myths Galore with the MODIfication of Bimal Nepal’s Photograph

I’m pretty certain that most people with Facebook accounts in India have seen the Prime Minister’s post on his Facebook page wishing people for Dhanteras on October 21, 2014. While the photograph was visually striking, it appears that someone who knew the photographer tagged him on the post since he didn’t know that his photograph was being used.

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Radio Sa Ga – Record Label fined for Anti-Competitive practices in Licensing Music

The Competition Commission of India (“CCI”) entrusted with the job of maintaining healthy competition and curbing abuse of monopoly in the market place was tasked with examining the actions of Super Cassettes Industries (“T Series”). The Informant/Complainant in this matter was HT Media Limited which runs Fever 104 FM a radio station and T Series is music label from whom they were licensing music. (For more on copyright and Licensing Music click here).

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Magic and Intellectual Property: Very Tricky!

Magic tricks don’t cease to surprise and most often, they leave us befuddled with a lot of questions. But if we knew how the trick was performed, would we be as amused? Probably not. And that’s exactly why the magicians’ community thinks it is important to protect their tricks under the law. This is where intellectual property comes into play and the question is which branch of IP will protect magic tricks. In this article, I will discuss the patentability (if at all patentable),…

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Character Merchandising in India – Licenses & Fan Art (Part Two)

In my previous article on character merchandising, I mentioned that all of us have at some point been guilty of buying merchandise of our favorite characters but how many times do we stop to think if it’s actually being licensed from the creators of the work or whether they are just rip offs? Not very often. The point here is that we love the character and are so thankful that the creators came up with it, but when it comes to their revenue, we don’t really give it too much thought because it…

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Character Merchandising in India – Part One

Recently, I came across an exclusive store for Chota Bheem merchandise in Chennai that had every product (towels, bags, footwear and more) one could possibly imagine and I’m sure every child who walked into that store hasn’t left without throwing a tantrum to own one of those products! That really got me thinking of how character merchandising has been a fast growing market in India in the last few years. We’ve all been fans of cartoons and fictional characters at some point in our life and…

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Images on the Internet: Who owns the copyright?

Copyright in any literary, artistic, dramatic or cinematographic work comes into effect when the work is created. So if one takes a photograph or paints a picture, for all purposes the copyright begins from the time the work is created irrespective of its artistic quality. One can scribble on a paper and have copyright over that work! Would that person have any objection if someone else used their work on a social media platform or a blog they wrote? That’s where the law comes into play. In…

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Copyright Licenses: Authorized Agents v. Copyright Societies

As discussed in an earlier post, it is mandatory for owners of establishments to obtain copyright licenses in order to play music on their premises. In this way the law seeks to regulate the issuance of such licenses through creation of Copyright Societies under Section 33 of the Act, thereby making it easier for people to get the required licenses. However, there is also a provision under Section 30 by which copyright owners can grant licenses on their own or through duly authorized agents.…

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