Tag: Copyright Act

Doctrine Of Originality In Copyright

INTRODUCTION Originality is the basic yardstick used by the copyright regimes in the world to evaluate the availability copyright protection to a particular work. The word “Originality” in civil law countries consider as an author’s own intellectual creation. Through originality doctrine, copyright is safeguarding the public domain so that a person cannot claim for an … Continue reading Doctrine Of Originality In Copyright

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Should ‘WhatsApp’ Be Held Liable For Not Reviewing Materials Being Shared On Their Platform That Infringes Authors’ Copyright?

INTRODUCTION “The right to be attributed as an author of a work is not merely a copyright, it is every author’s basic human right”― Kalyan C. Kankanala, What a creator creates from his imagination and his idea is a valuable asset for him above everything else. The idea of ownership of the ‘bundle of rights’ … Continue reading Should ‘WhatsApp’ Be Held Liable For Not Reviewing Materials Being Shared On Their Platform That Infringes Authors’ Copyright?

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All About Section 31 D of Copyright Act, 1957

The 2012 amendment in Copyright Act has introduced various provisions, one of them being section 31 D. This section is concerned with the broadcasting or performance of a literary or musical and sound recording, which has already been published. Clause 1 of Section 31D states: “Any broadcasting organization desirous of communicating to the public by … Continue reading All About Section 31 D of Copyright Act, 1957

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Miss Kajal Agarwal vs. The Managing Director, M/s V.V.D. & Sons Pvt. Ltd.

FACTS The Appellant is a well-known South Indian actress. The Respondent – Company entered into a advertisement agreement with the Appellant. It was contended that the parties have mutually agreed to the terms of the agreement and it was also agreed, in the written agreement which the appellant didn’t sign, that all the promotion/ advertisement … Continue reading Miss Kajal Agarwal vs. The Managing Director, M/s V.V.D. & Sons Pvt. Ltd.

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Freedom of Panorama

Freedom of panorama is a derived from German word Panoramafreiheit. It is the right of individual to publish photographs of the public buildings and the public structures which are attached to the public places permanently and is one of the exception of the Copyright law. “French-Italian model” and the “German-English model” are the two modular … Continue reading Freedom of Panorama

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Copyright Protection for Architectural Works- Part II

Application of Mischief rule by Courts Mischief rule is pertains to interpretation of statutes, and is applied by Courts when there is a conflict between two laws or provisions of law on interpreting it by the words as stated in the particular law or is interpreted by the courts to resolve the confusion in its … Continue reading Copyright Protection for Architectural Works- Part II

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Legitimacy of IPRS and PPL

What is a Copyright Society? The collective administration of copyright by a society is a concept where management and protection of copyright in several works are undertaken by the said society of authors and other owners of such works. In India, a copyright society is registered under Section 33 of the Copyright Act, 1957. Such … Continue reading Legitimacy of IPRS and PPL

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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 paparazzi encroaching upon their personal lives. Unauthorized photography often results in tabloid and defamatory reports in the media, which can sometimes scar the celebrity’s life forever.  From sports persons to movie stars … Continue reading Smile, you are on camera!

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