Lawmatters.in

OSP / ISP Liability and the Copyright (Amendment) Bill

Nandita Saikia — Thu, 01 Jul 2010 11:10:24 +0000

(This post is a rough draft; comments would be appreciated. — Nandita Saikia saikianandita@gmail.com) The Copyright Amendment Bill attempts to create a safe harbour for Internet Service Providers (ISPs) and Online Service Providers (OSPs) in Indian copyright law through amendments to Sections 52(1)(b) and 52(1)(c) of the Indian Copyright Act, 1957 (which would effectively be novated). [...]

Spinoffs and Sequels

Law Matters — Thu, 01 Jul 2010 09:38:47 +0000

It looks like Michael Douglas and his ex-wife Diandre are set to debate the difference between these two forms of derivative works — sequels and spinoffs — in Court. Under the terms of their divorce, Diandre is entitled to fifty per cent of income from spinoffs of movies in which Michael Douglas acted before their [...]

Privilege and Property. Essays on the History of Copyright.

Law Matters — Thu, 01 Jul 2010 04:52:05 +0000

“What can and can’t be copied is a matter of law, but also of aesthetics, culture, and economics.” According to its publisher, OpenBook Publishers, this book edited by Martin Kretschmer, with Lionel Bently and Ronan Deazley will trace the history of copyright law, and its emergence from a “a wide range of norms and practices” across [...]

The Exhaustion of Rights and Indian Copyright Law

Nandita Saikia — Fri, 25 Jun 2010 18:03:31 +0000

Abstract: An overview of the application of the Doctrine of First Sale in respect of different kinds of copyrighted works under the Indian Copyright Act, and an analysis of the relevant provisions. This paper argues that the Doctrine of First Sale applies in different ways to the various kinds of works protected by [...]

DRM and other Implications of the Copyright (Amendment) Bill

Nandita Saikia — Fri, 11 Jun 2010 08:49:32 +0000

Thus far, there have been no provisions in the Indian Copyright Act, 1957 which deal with Digital Rights Management (DRM). The Copyright (Amendment) Bill, 2010 is, however, poised to change this: it includes three sections [viz. Sections 2(xa), 65A and 65B] which deal with DRM. DRM is basically an umbrella term which includes any technology used [...]

Cover Versions and the Proposed Amendments to Copyright Law

Nandita Saikia — Fri, 04 Jun 2010 13:10:59 +0000

Read the entire paper on “Films and the Copyright Amendment Bill, 2010″ at SSRN here. The use of an underlying work in a film other than in conjunction with the film would involve the exploitation of the underlying work through such media as video clips, wall papers and ring tones. One of the media which could [...]

Voluntary Copyright Contracts and the Proposed Amendment

Nandita Saikia — Thu, 03 Jun 2010 11:44:52 +0000

There are a number of provisions in the Amendment Bill which would affect copyright contracts, namely, assignments and licences of copyright. Some of these provisions (such as those which are proposed to be made to Section 17 of the Copyright Act, 1957) are aimed at regulating copyright contracts in the film and music industry. Other [...]