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The NSE Case
Introduction Copyright law is built on the foundation of originality, and several doctrinal approaches have been developed to define and apply it. Two such approaches are the sweat of the brow and modicum of creativity doctrines. In Indian copyright case law, DB Modak sought to reconcile these standards by adopting a middle ground. The sweat … Continue reading The NSE Case
Read more »Understanding The Concept Of ‘Royalties’ And ‘Copyright Society In The Indian Film Industry
Introduction ‘Copyright’ is the right of the creator of the work to claim all rights against the unauthorised use of their work.. It gives the exclusive right to the author to claim all the rights over his work and excludes anyone from using the benefit of the work without the approval of the author. The … Continue reading Understanding The Concept Of ‘Royalties’ And ‘Copyright Society In The Indian Film Industry
Read more »Case Analysis: Pandrol Limited & Anr. v. Patil Rail Infrastructure Pvt.
Introduction The Plaintiff no.1 is the industry leader in rail fastenings and track elasticity solutions headquartered in the United Kingdom. The plaintiff no.2 is a joint venture between the plaintiff no.1 and Rahee Industries Ltd. The defendant no.1 is a company in the business of dealing in railway track engineering. Defendants no.2 to 5 are … Continue reading Case Analysis: Pandrol Limited & Anr. v. Patil Rail Infrastructure Pvt.
Read more »A Critical Analysis On The Determination Of Copyright Infringement In Sound-Alike Songs With Reference To “Ed Sheeren Vs Sami Chokri
Introduction Humans and music have been entwined from the beginning of time. Various kinds of expression are subject to an identical criterion for copyright infringement. However, because of its distinctive characteristics, musical expressiveness presents significant difficulties for courts adjudicating infringement issues. Contrary to literature or physical manifestations of art such as paintings and sculptures, music is … Continue reading A Critical Analysis On The Determination Of Copyright Infringement In Sound-Alike Songs With Reference To “Ed Sheeren Vs Sami Chokri
Read more »Samir Kasal V. Prashant Mehta & Ors: Decrypting The Conundrum Conflux Of Copyright And Confidentiality Over Cricket
Introduction The multifaceted pursuit of undue capitalistic gains has for decades posed a colossal threat to intellectual autonomy, the daunting effects of which ruthlessly trickled down to the burgeoning infringement of innovation in the past. In furtherance of such interest, the absence of a definite judicial advertence that paralleled immunity against such allied transgressional oversights … Continue reading Samir Kasal V. Prashant Mehta & Ors: Decrypting The Conundrum Conflux Of Copyright And Confidentiality Over Cricket
Read more »Copyright Protection For Fictional Characters
Introduction Intellectual Property Rights are the legal rights vested with an investor to protect his invention, provided that it satisfies the criteria of non-obviousness, global novelty, and industrial or commercial application for some time. They give exclusive rights to the creator. Originally, only patents, trademarks, and industrial designs were protected. Now, a wider meaning has … Continue reading Copyright Protection For Fictional Characters
Read more »Tangible Fixation And Preclusion Of Emphemeral Art
Introduction Art is considered to be a gift to mankind, it has been there since the time immemorial with humans from Madhubani wall paintings of Mithila in 7th century BCE to graffiti of 21st century, art has developed its forms. It is believed that art embodies great influence on human life it is a form … Continue reading Tangible Fixation And Preclusion Of Emphemeral Art
Read more »Copyright Infringement : Sony Pictures Seek Injunction Against Unauthorized Use
Copyright is an essentially important exclusive right giving only the company authority to make use of to whom such right is granted and any unauthorized use of the same would amount to infringement of the copyright. Copyright ensures protection for the work done by a person, restricting any other person to take credits for the … Continue reading Copyright Infringement : Sony Pictures Seek Injunction Against Unauthorized Use
Read more »Safeguarding The Rights of Musicians Within The Indian Music Industry.
Introduction At the onset of a musician’s career, artists are extremely vulnerable to third-party exploitations that leads to multiple rights being assigned. One of the most unscrupulous and controversial contracts within the music industry, known as the “360-degree deal” , also known as the multiple rights deal, where the record labels retain complete control over … Continue reading Safeguarding The Rights of Musicians Within The Indian Music Industry.
Read more »The Uninvited Stardom: Understanding Publicity Rights, Infringement & Intellectual Property Issues
Exordium: Understanding the Cost of Stardom Call it what you want, celebrities are often recognised for their glamourous persona and appealing identities. Eventually, the market monopoly acts swift and smart to utilise their influence to drive commercial gains for themselves. This ranges from merchandising, promotional advertisements, brand endorsements, and money-making. However, in the gold rush … Continue reading The Uninvited Stardom: Understanding Publicity Rights, Infringement & Intellectual Property Issues
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