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Applicability Of Bad Faith In Copyright Law Placing A Specific Pertinence To The Concept Of “Fair Use”
The concept of Bad Faith refers to the intentional misuse of the terms of a contract, a situation wherein a party refuses to fulfil their part of a legal or contractual obligation, or entering into such a contract in which the disputed party is aware of their inability in the completion of the assigned terms. … Continue reading Applicability Of Bad Faith In Copyright Law Placing A Specific Pertinence To The Concept Of “Fair Use”
Read more »Copyright Infringement: Bollywood V. Hollywood
Bollywood, India’s Hindi-language film business, is one of the world’s largest and fastest-growing film industries, both commercially and culturally. Through its fascinating material, it has managed to maintain a foothold on its global audience. However, various complaints have surfaced in the industry, implying that there is a problem with unlicensed copying of Hollywood films. Adaptations … Continue reading Copyright Infringement: Bollywood V. Hollywood
Read more »Good-Faith (Mis) Understanding: Unicolor v. H&M Hennes & Mauritz Case For Copyright Infringement,
Unicolors sued H&M Hennes & Mauritz for copyright infringement, asserting fabric design copyrights from among 31 of such designs that were filed as part of a single application on January 15, 2011. Unicolors prevailed in proving infringement after a jury trial, but the Ninth Circuit remanded the case, instructing the district court to refer the … Continue reading Good-Faith (Mis) Understanding: Unicolor v. H&M Hennes & Mauritz Case For Copyright Infringement,
Read more »Analysis of R.G. Anand V. M/S Deluxe Films And Its Relevance In Recent Times
INTRODUCTION Infringement of an owner’s copyright by a third party is usually a contentious issue, especially when both works are linked by a common narrative and source. It is a well-established law that there exists no copyright in ideas. Only the material form in which the ideas are translated is protected by copyright. For example, … Continue reading Analysis of R.G. Anand V. M/S Deluxe Films And Its Relevance In Recent Times
Read more »Whose Work Is It Anyway? -Non-Fungible Tokens and Its Tryst With Copyrights
The horizons of what could be achieved with technology has stretched farther than we could imagine. When Christopher Torres, the creator of the ‘Nyan Cat’ gif, published its corresponding token through the crypto-art platform foundation, he did not have the slightest idea that it would sell for over 300 ETH (approximately equal to $590,000). Similarly, … Continue reading Whose Work Is It Anyway? -Non-Fungible Tokens and Its Tryst With Copyrights
Read more »Davis v. Pinterest, Inc.: The Road Map to Contributory Infringement Suits
“The one who distributes, with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.” The concept of contributory copyright infringement thus stems from the law of torts which basically purports that … Continue reading Davis v. Pinterest, Inc.: The Road Map to Contributory Infringement Suits
Read more »Remedy Against Online Piracy To Protect The Interest Of Copyright Owners – A Newer Approach By Way Of ‘Dynamic Injunction’
With the digital economy in play, online piracy has always been an incumbent issue amongst the copyright owners and the rights of the owners were often affected either due to the lack of sufficient remedy or sufficient guidelines. However, the Hon’ble Delhi High Court in its recent judgement dated 10th April, 2019 in UTV Software … Continue reading Remedy Against Online Piracy To Protect The Interest Of Copyright Owners – A Newer Approach By Way Of ‘Dynamic Injunction’
Read more »TikTok, Clock Ticks?
TikTok is a video sharing application that allows users to create and share 15 second videos, owned by the Chinese company ByteDance, after merging with its predecessor- Musical.ly. The App allows its users to record their reactions to videos and further edit them with filters, music, animation, special effects etc., and like all other social … Continue reading TikTok, Clock Ticks?
Read more »Tea Board, India v. ITC Limited
C.S. No. 250 of 2010 PARTIES The Plaintiff is Tea Board of India which is a state agency of the Government of India established to promote the cultivation, processing, and domestic trade as well as export of tea from India The Defendant is ITC Ltd. a multinational conglomerate company headquartered at Kolkata, West Bengal. BRIEF … Continue reading Tea Board, India v. ITC Limited
Read more »Physical Copy Doctrine versus the “Substantiality” Dictum
When it comes to the issue of copyright infringement of cinematograph films, there exist two schools of thought. One school believes that as far as cinematograph films are concerned, Section 14(1)(d) of the Copyright Act only protects the exact carbon copy of the work and not the contents in it. They argue that in lieu … Continue reading Physical Copy Doctrine versus the “Substantiality” Dictum
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