Indian Copyright Law Research Articles

Delhi High Court provides broad interpretation of education exception in Indian copyright law

A Division Bench of the Delhi High Court dismissed the appeal filed by a group of publishers—Oxford University Press, Cambridge University Press and Taylor & Francis Group—against Delhi University and Rameshwari Photocopy Service on grounds that preparation of course packs by the defendants for the purpose of imparting instruction is covered by the education exception under Indian copyright law.

Art and Indian Copyright Law: A Statutory Reading

A look at how the Indian Copyright Act, 1957, as amended in 2012, interacts with art (other than films and sound recordings), and, in particular, with Indian art. The first part of this text comprises a feminist and post-colonial reading of the Indian copyright statute while later parts focus on interpreting the provisions of the statute in relation to art.

Indian copyright law and anti-circumvention provisions: can a please-all regime meet the global yardsticks?

Indian Copyright law, which has been in existence for more than 165 years, is on the verge of a major transformation triggered by rapid advancements in technology. In 2012, the law was amended to incorporate the Technology Protection Measures (TPMs) mandated by the World Intellectual Property Organization (WIPO) Copyright Treaty. This article examines in detail various provisions of the amendments on TPMs in the light of the WIPO Treaty, Digital Millennium Copyright Act provisions and the EU Copyright Directive. It explains the rationale behind the unique provisions under the amendment, the various internal and external factors which influenced the Indian policy makers, compatibility of the Indian provisions with global practices and the approach of the judiciary, which is going to play a crucial role in cases involving protection of TPMs.

International Norms for Compulsory Licensing and the Indian Copyright Law

In the context of the Copyright Amendment Bill, 2010 of India, this paper explores the feasibility in the international context, of compulsory licence, to ensure information dissemination while safeguarding the interests of copyright owners and the Indian legal position in this respect. Though India pioneered the pressure group for ensuring recognition of compulsory licence in international norms in the discussions of the Berne Convention, it is interesting how her own laws were drafted and how the new Bill is addressing this issue. The problem of access to the information from the developed countries in the context of The Agreement on Trade‐Related Aspects of Intellectual Property Rights (TRIPS Agreement) and the interpretation to the open‐ended three‐step test to facilitate such access are the focal point of this paper.

A roadmap for TRIPS: copyright and film in Colonial and Independent India

Copyright law shapes the film industry in many countries. As one of the largest producers of popular movies, India provides a case study for exploring the relationship between copyright law and the film industry. This article fills a gap in the intellectual property scholarship literature by analysing the developments of copyright law in Colonial and post-Independence India, and tracing the development of the law to the development of the industry. This historical background serves as a foundation for analysing contemporary debates in Indian copyright law, especially as applied to the film industry. The primary findings are on the recurrrent theme of trade and copyright law, the extraterritorial application of copyright law outside India’s borders, and the changing interpretation of the copyright law to reflect changes in the film industry and technology.

Indian Copyright Law and Parallel Imports

The issue of parallel imports with respect to the Indian Copyright Law involves an interplay of the three doctrines of distribution rights of the copyright owner, the hypothetical manufacture test and the divisibility of copyright. This article examines the statutory provisions involving these doctrines and seeks to explain the scope of these doctrines from a historical and geographical perspective. It also seeks to analyse various judgments incorporating these doctrines. Also the article briefly looks at the various long arm tactics adopted to prevent parallel imports and their legal validity in the context of Indian Law.

Creative Commons: Impact on Indian Copyright Law

Creative Commons: Impact on Indian Copyright Law

The Exhaustion of Rights and Indian Copyright Law

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 copyright, and that the first sale of a copy of a work does not automatically result in the exhaustion of rights.

The status of phonogram producers under Indian copyright law

The status of phonogram producers under Indian copyright law

Exceptions and Limitations in Indian Copyright Law for Education: An Assessment

This paper examines the nature of exceptions and limitations in copyright law for the purposes of the use of copyrighted materials for education. It looks at the existing national and international regime, and argues for why there is a need for greater exceptions and limitations to address the needs of developing countries. The paper contextualizes the debate by looking at the high costs of learning materials and the impediment caused to e-learning and distance education by strong copyright regimes.

IPR in the ensuing global digital economy

This article covers the evolution of traditional intellectual property rights (IPR) laws and associated concepts from printed to digital works, and discusses how the characteristics of digital replication pose problems for traditional IPR systems. It highlights international treaties on copyright, including the Universal Copyright Convention, the Berne Convention, the Performers and Phonograms treaty and the Sui‐Generis Protection of Databases. It provides some insight into the Indian software industry by discussing the scope of Indian copyright law, the rights of owner, infringement, penalties, and makes a comparison with US law. The article concludes that judicious participation by all countries in the development of a globalized IPR regime would strengthen the global digital economy.

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Libraries and Library Services under the Indian Copyright Law

This article describes the reconciliation between copyright law and library services. In India the legal position under dre act is that only very specific activities are permitted as regards libraries and library services and much needs to be done for copyright awareness. http://dx.doi.org/10.14429/dbit.16.6.3290