Copyright
Perspectives on copyright across India and the subcontinent.
Nikita · 19 November 2014
Copyright on Architectural Works in India: A Weak Foundation
Unlike France's night-time Eiffel Tower rule, Indian copyright gives architects thin protection — Section 52's fair-use carve-outs cover almost every public photo, and Section 59 blocks injunctions against buildings. Why architects should still register their designs.
Durga Bhatt · 14 November 2014
IP for Fashion Designers: Protecting What You Create
Look in the mirror and you are wearing intellectual property — a brand protected as a trademark, a print protected as a design, artwork protected by copyright. For fashion, design registration is the natural fit, and the industry's reluctance to use it is the problem.
Durga Bhatt · 6 November 2014
Copyright for Scriptwriters: Register Before You Pitch
A scriptwriter alleged his script was lifted for a hit film — and couldn't prove it. The practical lessons: handing over a full script (not just an idea) can support an infringement claim, register with the Copyright Office (not just a writers' association), and skip the 'poor man's copyright'.
Nikita · 8 October 2014
Magic and Intellectual Property: Very Tricky
How do you protect a magic trick without revealing it? A tour of the options in India — patents (unlikely), copyright as a dramatic work, performers' rights (a conjurer is a 'performer' since 2012), and trade secrets — and why secrecy usually wins.
8 October 2014
Minimum Commitment Charges: CCI Fines T-Series Over Music Licensing
The CCI found T-Series dominant in Bollywood music licensing to private FM radio, and its per-hour rate acceptable. What it struck down was the minimum monthly commitment — payment for roughly 198 hours whether used or not.
Nikita · 24 September 2014
Character Merchandising in India: Licences and Fan Art
Selling merchandise featuring a character — or fan art of one — usually needs a licence. How to obtain one in India, why it matters, and why fan art enjoys no clear safe harbour here.
Nikita · 17 September 2014
Character Merchandising in India — Part One: Protecting the Character
From Chota Bheem stores to Mickey Mouse mugs, character merchandising is booming. Part one of a two-part series: what it is, and how trademark and copyright law can protect a fictional character across the goods it appears on.
17 September 2014
Protecting Jewellery Designs in India: Copyright vs Design
Online selling extends a jeweller's reach — and makes designs easy to copy. How copyright and design law protect jewellery, why the 50-article rule pushes you toward design registration, and the requirements and process (class 11-01).
Nikita · 31 July 2014
Images on the Internet: Who Owns the Copyright?
Every image online carries copyright unless surrendered or expired. How to check whether an image is free to use (Google usage rights), how to protect your own with © and watermarks, and why 'personal use' or 'it was public' is not a free pass under Section 52.
24 July 2014
Copyright Licences: Authorised Agents vs Copyright Societies
Only copyright societies can carry on the business of granting licences — but an owner's authorised agent can still issue them, provided they do so in the owner's name. The Leopold Café v. Novex distinction.
17 July 2014
The Law of Internet Memes: Copyright, Trademarks and Real People
Someone took the photograph a meme is built on, and copyright in it doesn't disappear because the image went viral. Grumpy Cat held registered trademarks. And the people in these images are real, with claims that have nothing to do with IP.
10 July 2014
Blocking Orders and the Journalism That Undercuts Them
The Delhi High Court ordered ISPs to block sites illegally streaming the FIFA World Cup, trimming the list from 472 to 219 after a defendant objected. A prominent news site then published instructions for getting around the block.