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Public Domain in Copyright Regime: Facilitating Right to Know

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…

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Waiving Moral Rights Can Be Moral

First Publication Date: 13th January 2010   Professor Anil's post inspired me to research into alienability and waivability of moral rights under national laws. I noted that national laws of civil law countries such as France, Spain, Italy and Germany expressly restrict transfer and waiver of moral rights and national laws of common law countries such as UK and Canada permit their transfer and Waiver. If we look at the international instruments such as Berne Convention for the Protection of Literary…

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Pirate’s Share: Piracy is Not Music to Many Ears

  The revenues from digital formats of music, as per an article published by RIAA, was about US$ 4.4B in 2013, and is growing at a exponential rate. The evolution of novel modes and means of digital exploitation has opened doors to music creators and owners across the world, as well as pirates. With more than 500 record labels releasing recordings in more than 20 languages, the music business in India is not only very large, but also diverse. The share of digital…

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