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Ritika Pvt. Ltd. vs. Biba Apparels Pvt. Ltd. (2016)- Design vs Copyright ?
The Indian fashion market is all about rapid innovations, going with the trend, setting up new trends and reaching out to your audiences before the trend or that innovation dies. When a brand or individual comes up with a new idea in his artistic work it is not mandatory for him to get it registered under The Copyright Act, 1957 to file a suit for copyright infringement. However, it helps in establishing prima facie evidence in claiming the ownership of that artistic work. Th
Jun 126 min read


Analysing the impact of Indian Copyright Law on fair use in academic and critical writing
Introduction Copyright law protects original works of art and writing. The rules become excessive when their implementation prevents the development of innovative concepts and educational activities that lead to artistic expression. "Fair use" holds crucial significance for this reason. The system requires this element to function properly. The main obstacle that exists for people today involves determining which activities meet the requirements of fair use while understandin
May 239 min read


Reels, Memes, and Legal Risk: Copyright in Social Media Marketing
Introduction The unregulated exponential rise of social media platforms has transformed the marketing and content dissemination landscape, which is now increasingly evident in the adaptive patterns of users and the content management practices of these platforms. Instagram, Tik -Tok, Twitter and Facebook are some of the social media platforms who are big players having predominance in this sphere of society’s milieu, where the content gets spread in seconds and has the pote
Feb 98 min read


AI & Copyright: Who Owns Art by Machines?
AI as an Author: Navigating Copyright Ownership in the Age of Generative AI The emergence of Generative AI certainly brought about a new burst of creativity, such that a person sitting at a keyboard can become a 'creator.' From realistic images of astronauts on unicorns to sophisticated descriptions of complicated subjects, AI accomplishes things we previously believed to be possible for humans alone. However, it has posed a challenge to classical copyright law, a regime craf
Nov 14, 20254 min read


Copyrighting Rituals: A Misplaced Endeavour at the Jagannath Temple
Introduction Can sacred rituals, passed down through generations and collectively inherited, be ‘owned’? This is a profound question that...
Sep 22, 20256 min read


Protecting AI-Generated Works: Navigating Copyright Challenges in Intellectual Property Law
Introduction Artificial Intelligence has come a long way from its early days as simply a tool for automation. Currently, AI can paint...
Sep 18, 20255 min read


THE COPYRIGHT CONUNDRUM: ANI VS OPENAI AND THE FIGHT FOR FAIR USE
“Independent Journalism is vital to our democracy. It is also increasingly rare and valuable.” These were the opening lines of the New...
Mar 26, 202514 min read
Fair Use in Parody and Satire: Analysing the Boundaries of Creative Expression in Common Law Countries.
INTRODUCTION Parody, an art form as old as Aristophanes, raises an interesting tension in copyright law where it conflicts with the idea...
Dec 14, 20248 min read
Authorship vs. Ownership: Decoding the Doctrine of Work for Hire
INTRODUCTION In copyright law, the difference between authorship and ownership is a key factor in deciding who actually holds the...
Nov 26, 20247 min read


The Judicial Interpretation And Legislative Dichotomy On Royalty Payable To Playback Singers
INTRODUCTION: When a playback singer has rights to their song, they may be entitled to a royalty payment. The main issue is whether or...
Nov 16, 20225 min read
Khurana & Khurana Opens Jalandhar (Punjab) Office
Khurana & Khurana, Advocates and IP Attorneys (K&K) along with its IP Asset Management Practice, IIPRD, are happy to announce that they are expanding to Punjab and opening up their new branch Office in Jalandhar, w.e.f *insert date*, in wake of its growing Intellectual Property (IP) and Commercial Litigation Practice, and with an intent to diversify its services verticals across Corporate and Tax Practices in the coming couple of years. The Jalandhar Office would also cater
May 11, 20192 min read
Jurisdiction of Courts Under Section 62 of the Copyright Act and Section 134 of the Trademarks Act
The Hon’ble Supreme Court of India in “ INDIAN PERFORMING RIGHTS SOCIETY LTD. Versus. SANJAY DALIA AND ORS”: (2015) 10 SCC 161 and the...
Mar 14, 20164 min read
Music Rights for Use in Films
In recent times, music copyrights and their ownership/rights to producers, artists, among other stakeholders, have been under strong discussion across geographies. We are happy to have a written piece by Gemma Harrison, a freelance writer, on her high-level take on the Copyrights in Music. This summer, the highest grossing film at the box office was Marvel’s Guardians of the Galaxy, as notable for its music choices as for its place in the growing range of Marvel superhero fil
Jan 9, 20153 min read
Criminalizing online sharing of Academic Article by a Columbian Student
Background Diego Gomez is a student perusing post graduation in Conservation and Wildlife Management in Costa Rica. Like students of developing countries, he also used to face lack of availability of literature in the libraries and other sources of reading. To face this scarcity of academic databases, Diego, used the power of internet. It enabled him to read relevant research, share documents, and communicate with others in his field. In recent times, though large amount of d
Sep 1, 20149 min read
Copyrights Enjoyed By Musicians
Sanyukta Biswas, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the rights of singer, lyricist and composer that...
Dec 16, 20138 min read
Copyfight or Copyright?- An analysis on the legal scenario of parallel importation
On 19 March, 2013, in a closely divided 6-3 judgment in Kirtsaeng v. John Wiley,the U.S. Supreme Court held that copyright law could not...
Mar 28, 20133 min read
Infringement of comic characters- Comic con?
Graphical characters are commercialized in the form of cartoons, posters, food products or merchandises like toys and clothes, to name a...
Dec 1, 20124 min read
Smile, you are on camera!
Every celebrity would agree when we say that stardom comes at a price. Their right to privacy is always threatened with the constant...
Aug 28, 20123 min read
Viacom vs. YouTube
Technology seems to have found its place in the courtrooms also, these days. Viacom, an American global mass media company, sued YouTube,...
Apr 22, 20123 min read
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