Stairway to Litigation

The famous Led Zeppelin song 'Stairway to Heaven' which has made millions sway to its tune recently struck a wrong cord due to copyright infringement allegations levied against it in 2014. It was alleged that the introduction to the band's most celebrated song was taken from Spirit's 1968 instrumental titled 'Taurus'. After a much publicized legal battle between the estate of Spirit's lead guitarist Randy Wolfe and Led Zeppelin ended in 2016 wherein a Los Angeles District Court Judge decided in the favour of Led Zeppelin and stated that there was no evidence of copyright infringement the dispute has since... Read More

Interplay of section 51 and 52 of the Copyright Act, 1962: Delhi High Court judgement

This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon’ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962. This case tries to draw the line between the rights of the author, publishers of the work and competing rights of society. The case was between THE CHANCELLOR, MASTERS & SCHOLARS OF THE UNIVERSITY OF OXFORD & ORS. Vs. RAMESHWARI PHOTOCOPY SERVICES & ANR. In this case, five plaintiffs THE OXFORD UNIVERSITY PRESS, CAMBRIDGE UNIVERSITY PRESS U.K., CAMBRIDGE UNIVERSITY PRESS INDIA PVT LTD., TAYLOR & FRANCIS GROUP U.K., and... Read More

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 Hon’ble Division Bench of Delhi High court in ULTRA HOMES CONSTRUCTION PVT. LTD Versus PURUSHOTTAM KUMAR CHAUBEY & ORS FAO (OS) 494/2015 & CM 17816/2015 has interpreted Section 62 of the Copyright right, 1957 and Section 134of the Trademark Act, 1999 read with Section 20 of the CPC with respect to the Jurisdiction of the Court. Both the above judgment gives an absolute relief to persons who have been accounted to great hardship of Jurisdiction by various... Read More

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 films sweeping Hollywood at the moment. Guardians of the Galaxy may have grossed upwards of $550 million worldwide, but it cost a cool $170 million to produce... Read More

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 database is available on internet yet to find something credible and scholarly, one has to pay a premium price and this served as a... Read More

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 have been incorporated by the 2012 amendment. Once upon a time in India even the most noted of film artists and musicians could not secure themselves financially despite their brilliance. In an infamous legal battle, in the dark ages, the rights of royalty of the performers were offered to the producers in a platter. In the recent years, the likes of Javed Akhtar, lobbied for securing the rights of people associated with the entertainment industry. The amendment saw light... Read More

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 be used to prevent parallel importation into USA for works that are made outside USA. The facts of the case are as follows: In 1997, a student named Supap Kirtsaeng, from Thailand arrived at the Cornell University, U.S. to study. He noticed that the textbooks in the U.S. were considerably more expensive than the same textbooks bought abroad. He started his own import business wherein friends and family, from back home, sent him textbooks, which... Read More

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 few. The profits garnered would depend on the popularity of the brand that the graphical character represents. Exploitation of the graphical character can take place if it is not legally protected. Intellectual property and unfair competition law mainly provide protection to graphic characters. Due to the overlapping effect that the provisions intellectual property and unfair competition law stipulate, the two laws may converge to cover the gaping holes in the law. An advantage from commercialization of characters is that... Read More

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 to politicians to Princes and Princesses- they are all celebrities. The Indian Copyright Act, 1957 defines a ‘performer’ in Section 2(qq). It includes ‘an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a... Read More

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, a video-sharing site owned by Google on the basis that YouTube had indulged in rampant intentional copyright infringement of videos which were originally owned by Viacom. This suit was for a mind boggling $1 billion. YouTube, being popular among the masses, gets 800 million users a month and roughly 60 hours of new videos are uploaded to the site every minute. Viacom filed a complaint against YouTube on March 13, 2007, alleging that the later had uploaded the... Read More