Copyright Act

The Indian Performing Right Society Ltd. v. Mr. Aditya Pandey & Anr.

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High Court of Delhi at New Delhi | CS(OS) 1185/2006 & I.A. Nos. 6486/2006, 6487/2006, 7027/2006; CS(OS) 1996/2009 & I.A. No. 13692/2009 Background The Indian Performing Right Society Ltd., referred to throughout as IPRS, is a non-profit cooperative body incorporated in August 1969 with the object of monitoring, administering and enforcing the performing rights of […]

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Penguin Books Ltd. v. India Book Distributors & Ors.

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Delhi High Court (Division Bench) | AIR 1985 Delhi 29 | 1 August 1984 | Avadh Behari Rohatgi, J. Background Penguin Books Ltd. of England, the plaintiff-appellant, is one of the world’s most recognized publishing houses. It held territorially exclusive licenses and assignments of copyright in 23 titles for the Indian market – including celebrated

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Yash Raj Films Pvt. Ltd. v. Sri Sai Ganesh Productions & Ors.

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Delhi High Court | CS(COMM) 1329/2016 | 8 July 2019 | Manmohan J. Background Yash Raj Films Pvt. Ltd., the plaintiff, is one of India’s most prominent film production houses with an established reputation in the domestic and international film industry. On 10th December 2010, the plaintiff released its Hindi film Band Baaja Baaraat across

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Fair Dealing under Section 52 of the Copyright Act, 1957 – A Comprehensive Analysis

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Copyright law is, at its core, a bargain. Society grants creators a bundle of exclusive rights over their works for a limited period, in exchange for the enrichment that creative expression brings to public life. But the bargain was never intended to be unconditional. An absolute monopoly over the use of a work would impede

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The Chancellor, Masters & Scholars of the University of Oxford v. Narendera Publishing House & Ors.

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Delhi High Court | CS(OS) 1656/2005 | 17 September 2008 | S. Ravindra Bhat, J. Background The plaintiff, the University of Oxford – one of the world’s most recognized academic publishers – had been publishing educational books in India since 1912. In collaboration with the Jammu & Kashmir State Board of School Education and pursuant

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India TV Independent News Service Pvt. Ltd. & Ors. v. Yashraj Films Pvt. Ltd.

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Delhi High Court (Division Bench) | FAO(OS) 583/2011 & 584/2011 | 21 August 2012 | Pradeep Nandrajog & Manmohan Singh, JJ. Background Yashraj Films Pvt. Ltd., the respondent, held copyright in the sound recordings and cinematographic films of several commercially successful Bollywood productions, including Bunty Aur Babli, Nayak, Lagaan, Aks, Main Hoon Na, Salam Namaste,

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Digital Copyright in the Internet Age: Online Infringement, Intermediary Liability and Safe Harbours

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The internet has fundamentally altered the economics and architecture of creative expression. Content that once required physical manufacture, distribution and retail can now be reproduced, transmitted and accessed globally within seconds, at virtually no cost. This transformation has been a gift to creators and audiences alike – but it has also made large scale copyright

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Twentieth Century Fox Film Corporation v. Sohail Maklai Entertainment Pvt. Ltd. & Anr.

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Bombay High Court | Notice of Motion No. 2847 of 2010 | 14 October 2010 | Smt. Roshan Dalvi, J. Background Twentieth Century Fox Film Corporation, the plaintiff, held copyright in the script and screenplay of its 2002 Hollywood film Phone Booth. The copyright was originally authored by Larry Cohen and assigned to the plaintiff

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Zee Telefilms Ltd. & Film and Shot v. Sundial Communications Pvt. Ltd.

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Bombay High Court | A.P. Shah & D.K. Deshmukh JJ. | 27 March 2003 2003(27)PTC457(Bom) Background Sundial Communications Pvt. Ltd. (Plaintiff No. 1)- a television production company, conceptualized a show titled Kanhaiyya (later renamed Krish Kanhaiyya) in early 2002. The concept centered on Bal Krishna appearing in child form in a dysfunctional rich family, helping

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