Lawmatters.in

The Validity of Advance Sexual Consent

Nandita Saikia — Tue, 09 Nov 2010 08:19:18 +0000

The validity of â€œadvance consentâ€ is an issue which is being determined by the Canadian judiciary. Advance consent has been held to be invalid only in recent times. Throughout history, advance consent was recognised by both law and society, the … Continue reading →

A Primer On Spotting IP Issues Associated with Social Media Websites and Content

admin — Tue, 02 Nov 2010 18:31:08 +0000

By Charles Macedo, Partner at Amster, Rothstein & Ebenstein LLP Most businesspeople and generalists understand that social media can be an important but risky part of doing business. This article seeks to identify how to spot potential intellectual property law … Continue reading →

Commercial v. Creative Expression

Law Matters — Fri, 08 Oct 2010 10:32:47 +0000

Thereâ€™s an interesting division between commercial speech and creative speech. In some jurisdictions, creative speech is accorded more protection that commercial speech is accorded. However, it isnâ€™t always entirely clear what would constitute commercial speech, and what would be considered … Continue reading →

Ghost-writing, Plagiarism and Copyright

Nandita Saikia — Mon, 20 Sep 2010 09:07:31 +0000

Ghost writing is intriguing because it exists in a gray area. It is clearly a form of plagiarism, although it is supposedly plagiarism with the consent of the actual author (the ghost writer) of the work. Perhaps that makes it … Continue reading →

Book Review: Ghosting. A Double Life

admin — Sat, 18 Sep 2010 19:47:05 +0000

By Debora Weber-Wulff Jenny Erdal: Ghosting. A Double Life. Canongate Books, Edinburgh. 2005. German translation: Die Ghostwriterin – Ich war sein Verstand und seine Stimme. Kiepenheuer, Berlin. 2008. This book is the biography of Jennie Erdal, a Scottish writer who … Continue reading →

Is Copyright Infringement Theft?

Nandita Saikia — Wed, 15 Sep 2010 08:23:10 +0000

[This post was revised to include Part II which was first published at 'IndianCopyright'.] Part I: Some time ago, Terry Hart wrote a post on Copyhype which leaned towards characterising copyright infringement as theft, and Techdirt (via @gkjohn) subsequently posted … Continue reading →

Delhi High Court takes up the “No Cashless Facility” Health Insurance Issue

Law Matters — Sat, 31 Jul 2010 02:37:32 +0000

One might conclude that if one bought a health insurance policy, and paid a higher premium in order to avail of the “cashless facility”, the said “cashless facility” would actually be made available to one. Such a conclusion, however, apparently … Continue reading →