Beijing Treaty: A Silver Lining to Audiovisual Performers
Introduction The Audiovisual industry is a sunrise sector for the economy and making significant strides. It is a multi-billionaire industry having the compelling power to jump-start the underdeveloped economy. Nashville was once a struggling city of the USA, where just like Sub-Saharan Africa policymakers find the silver lining to revamp its economy through industrial development […]
The Work-for-hire Doctrine and Software Agreements in the United States of America
Copyright Law vests in the creator of certain works, or those deriving rights from such creators, a bundle of rights, from the moment of creation and fixation of such works[i]. However, one broad exception to this is the emerging work-for-hire doctrine, according to which the ‘employer or another person for whom the work is […]
New Phase of the Copyright Regime: Critical Note on the Copyright (Amendment) Rules, 2021
In India, the copyright regime is governed by the Copyright Act, 1957 and is regulated by the Copyright Rules, 2013. The Ministry of Human Resources and Development on 14 March 2013 notified the Copyright Rules, 2013. Two years ago, in 2019 a draft for amendments was released for public comments. On 30 March 2021, the government of India has […]
Web Scraping and Intellectual Property Rights
The Internet is glutted with the presence of a myriad variety of goods and services. These goods and services present online that form the bread and butter for business are a protected product/content that is categorized as intellectual property and is protected under the Intellectual Property laws through copyright, trademark, design, etc. Thus, the protection of the […]
Corroboration of Rightful Ownership through Objection Provisions
Copyright Indian Copyright law is greatly inspired by and in congruence with the TRIPS agreement clauses and standards. The stipulations of the Berne Convention for Protection of Literary and Artistic Works, 1886 and the Universal Copyrights Convention, to which India is a party reflect strongly in the (Indian) Copyright Act, 1957, pursuant to the amendments […]
Infringement of Design
The term design has been defined under section 2(d) of the Designs Act 2000 which defines design as a shape, configuration, pattern, composition of lines, ornaments, or line of colours applied to any article whether in 2D or 3D or in both, formed by any process which is industrial in nature or through any other […]
The Evolving Culture of Cosplay and Copyright Infringement- An Analytical Overview
Introduction Bringing the “Costume Play” (cosplay) culture under the copyright regime is not a new issue in the field of IPR. On one hand, the owners or creators are getting free publicity for their characters across the world, while, on the other hand, they are skeptical about the commercial profit earned by the cosplayer. This […]
The IP Dilemma in Un-Authorized use of Video Games
E-sport is considered as one of the most revolutionary introduction to sports in recent history. It’s not just a different set of rules, but also an amalgamation of the elements of skill and strategy of the physical world and technology’s virtual reality. A video game essentially has a bundle of intellectual property rights and contractual […]
Masakali 2.0 And Many More…: Copyright Infringement In Indian Film Industry Continues
The current trend of recreating songs and movies in Indian film industry has brought up a flood of incidents of copyright infringements in India. The most recent incident being the release of Masakali 2.0, song which has been recreated and composed by Tanishq Bagchi without the consent of its original owners. Its original version, Masakali […]
Intellectual Property And 3D Printing
INTRODUCTION TO 3D PRINTING The process of additive manufacturing/3D printing refers to the building of material, typically layer by layer. The uses of this technology vary from utilitarian purposes to aesthetic and hybrid purposes. In light of the future uses of 3D printing where it may be used for innovation, manufacturing, household purposes, there are […]