Copyrights

A breakthrough for Indian Copyright Law

The Delhi High Court on the 16th of September, 2016 pronounced a landmark verdict in the case of The Chancellor, Masters & Scholars of The University of Oxford & ors. Vs. Rameshwari Photocopy Services & Anr that is likely to bring about a far-flung impact on the copyright laws in India…


“Viewing pirated videos/films will not land you in jail” – Setting A wrong precedent?

The buzz about legality of watching pirated movies on blocked websites has been doing the rounds for a while. The Bombay High Court in Eros International Media Limited v.  Bharat Sanchar Nigam Limited, pronounced that “mere viewing of blocked websites and its content (the pirated movie) is not an…


Online broadcasting now within the purview of the Copyright Act

Broadcasting rights and its statutory licensing under the Copyright Act is dealt under the provisions of Section 31D, inserted by virtue of the 2012 Amendment. Section 31D allows “Any broadcasting organization desirous of communicating to the public by way of a broadcast or by way of performance of…


Version Recordings and Indian legislation

Version Recordings as defined by Justice Mukul Mudgal are such sound recordings which being inspired by the original melody, are a distinct interpretation in presentation, rhythm and orchestral arrangement. In India, a nation that flourishes with Bollywood motion pictures as well as music, the…


Recognition of Performers' Rights by the Indian Courts

The Copyright Act, 1957 was amended and came into effect on June 21, 2012. One of the major amendments that it brought along with it is with respect to Performers' right in India. Chapter VIII of the Copyright (Amendment) Act, 2012 is now in consonance with Article 14 of the TRIPS agreement as well…


Happy or Un-Happy Birthday – copyright over a famous song!

Songs form the corner stone of the music industry. Section 17 of the Indian Copyright Act, 1957 states that the author (composer and the lyricist in case of a song) is the first owner of the copyright. No one has the right to exploit a song unless the author of the song authorizes him/her to do so.…


Choose between India and France before creating your work !

If trademark laws are nearly similar in India and France, laws to protect a work in these countries are conversely very different. Designated as Copyright law in India and as Author’s Right in France, the two regimes endeavour, nonetheless, to answer to the same imperatives. The origin of this…


Why copyright in India should be considered an important asset

When one spends a considerable amount of time and effort in creating something, one should be made aware of the intellectual property protection that one could avail. Copyright is one such right that is made available to the creator of an original literary, dramatic, artistic, or musical work. Such…


Freedom of Panorama

The concept of “Freedom of Panorama” is a copyright exception wherein the law permits taking photographs, video footage and creating other images (such as paintings) of buildings, sculptures and other art works which are permanently located in a public place, without infringing any copyright that…


Software Piracy raids on Startups - Know your rights

So you’ve just set up your company, and working at acquiring clients, you pounce on the phone as soon as it rings/ rush to the door at the prospect of a new client walking through the doors. Not all calls and visits may be pleasant. I’ve listed out two situations below which just might fall under…