First Publication Date: 5th October 2010
Open source has today become a necessity for most businesses. It is estimated that 99 percent of all companies using software use at least one open source component. The business value added by open source products makes them inevitable for every company. In addition to software, open source has today expanded its tentacles to many areas from open text books to open drug discovery and is fast spreading to other areas.No business shift happens…
Ilaiyaraja Threatens Legal Action for Non-Payment of Royalties, Fan’s Facebook Account Reactivated After BCCI Copyright Row, Another PIL Filed Against Kedarnath for Hurting ‘Hindu Sentiments’, Qatar Requests WTO Proceedings Against Saudi Arabia’s IP Violations, Gayle Awarded AUD 300,000 In Defamation Claim Against Fairfax Media, Russian IP Courts Set to Use First Intellectual Property Blockchain, Fox News Wins Copyright Suit Against Monitoring Service TVEyes, Clothing Brand Fashion Nova Slapped with Copyright Infringement Suit, Etsy and Seller Sued for Copyright Violation, Netflix…
First Publication Date: 20th September 2010
The United States Court of Appeals for the Ninth Circuit clarified the legal confusion that was existing on the application of the first sale doctrine or doctrine of patent exhaustion with respect to software licenses. The Court clarified that the exclusive distribution right is limited by the first sale doctrine, which is an affirmative defense to copyright infringement that allows owners of copies of copyrighted works to resell those copies. Further the Hon’ble…
As seen in the previous posts, a copyright protects original and creative expression in a tangible form. While copyright exists in a work irrespective of registration, writers are advised to register their works. This post looks at the various categories under which a writer’s work can be protected and why it should be registered.
Protecting a Writer’s Work
According to Copyright law, the following types of works form the subject matter for copyright protection:
Literary Work;
Musical Work;
Artistic…
First Publication Date: 13th June 2010
Supreme Court vacated Interim Application passed in favor of plaintiff and also allowed
the IA in favor of defendants. This case is a hearing of interim application before
Supreme Court while main suit was pending for trial.
Case Facts
Well-known authors Ratanlal and Dhirajlal wrote books on IPC, CrPC, Evidence Act,
Torts, Law of Crimes and Bombay Criminal Cases. All these six books were assigned to
the defendants by Mrs. Mary. Later, assignor and the defendants had a legal dispute
which was…
Telcos Petition Censor Board to Suspend Release of 2.0, Copyright Infringement Suit Halts Akshay Kumar’s Mission Mangal, Cinefil Applies for Registration as Copyright Society, Warner Bros. Settle Sabrina Infringement with Satanic Temple, Australia’s Copyright Amendment Bill 2018 Expands Piracy Laws, Malaysian Developer Sues Fox and Disney, Akshay Kumar Releases Special 2.0 Filter on Facebook, Spotify to Launch in India in the Next six Months, Shutterstock Simplifies Photo Licensing, Discover Media Lab Expands International Partnerships.
COPYRIGHT QUOTE OF THE WEEK
Monitoring and…
Writings expressed on tangible forms are copyrightable only if they are original and creative. The thresholds are low, but they still have to be satisfied.
Originality
Originality checks whether a writing has been independently created. The question is not about similarity of works, it is about independence of expression. As long as a writer has independently written her work, it will not matter if the work is similar or identical to another work.
Example: If X writes a poem, and it is…
Copyright protects original, creative expressions on a tangible form. All three requirements, originality, creativity, and expression on a tangible form have low thresholds, and are easily satisfied by almost, all writings. As long as the writer's work is independently created, not copied; it has minimal creativity, a pinch at least; and the writing is on a tangible form such as paper, electronic medium, etc., copyright protection automatically begins. Expression is what matters for copyright protection, and impression is irrelevant.
Ideas and…
This post was first published on March 16, 2010.
Contributed by Prof . Madabhushi Sridhar
The print media comprises of newspapers, books both fiction and non-fiction. The copyright law regulating rights over economic benefits of ‘owners’ of electronic media are totally different in its impact compared to that of authors in print media. Electronic media refers to TV, radio, music album publishers, Internet, or online publishers, compute programme writing industry, etc. In electronic media, the investments are high, production process…
This post was first published on March 16, 2010.
The interface between the right to know and limited monopoly over creative expressions to the authentic owner represent conflicts of interests. Proprietorial concerns on one hand and the social interests on the other need to be reconciled in almost every area where individual rights conflict with social concerns. If the copyright is considered as an extension of the right of speech and expression, it contradicts another fundamental right, i.e., right to…