Search Results for Tag : copyright

Judgments

When an action, if onerously done is not an offence, it cannot become an offence when, owing to advancement in technology doing thereof has been simplified(16.09.2016)

Plaintiffs, being the publishers, including of textbooks, instituted instant suit for relief of permanent injunction restraining Defendants from infri.....

Tags : Copyright, Infringement, Photocopying

Court rules in favour of ITC in ‘Gold Flake’ dispute(29.09.2015)

Noting that NTC’s use of the trademark ‘NATIONAL GOLD FLAKE’ was either insufficient or kept clandestinely low to not attract the Petitioner’s attenti.....

Tags : Cigarette, gold flake, trade mark, copyright

‘Ritu Kumar’ designs lose copyright battle(23.03.2016)

The Delhi High Court reiterated a ruling that “once a drawing, a sketch or a design is used for creation of dresses, then, once the dresses cross 50 n.....

Tags : Ritu kumar, designs, copyright, industrial process

IPRS succeeds against "He Said She Said"(22.12.2015)

Bombay High Court passed an order in favour of IPRS, restraining the Defendants from using musical works without its permission. Defendant club, 'He S.....

Tags : iprs, copyright society, lapse, licence

International Cases

If a substantial part of the concerned item has been copied then a copyright infringement will be said to have taken place(29.01.2020)

The claimant ('Response') is a company based in Oswaldtwistle, Lancashire. It designs and markets clothing. The Defendant ('EWM') is a major retailer .....

Tags : Copyright Infringement

Copyright holders to consider fair use before initiating DMCA takedown(14.09.2015)

In case involving a takedown notification issued to an alleged infringing ‘dancing baby’ video, the United States Court of Appeal determined that Univ.....

Tags : Dmca, takedown, fair use, copyright

Warner Music does not own rights to ‘Happy Birthday’ lyrics(22.09.2015)

A United States District Court granted Plaintiffs’ motion that the Defendants did not receive copyright to the lyrics of the well-known song ‘Happy Bi.....

Tags : copyright, song, happy birthday, lyrics

China's new Anti-Unfair Competition laws to aid 'ease of doing business'(25.02.2016)

China’s Legislative Affairs of the State Council released Draft Amendments to the People’s Republic of China Anti-Unfair Competition Law. Promulgated .....

Tags : China, anti-unfair competition, copyright

Notifications & Circulars

Cabinet approves accession to WIPO Copyright Treaty, 1996 and WIPO Performance and Phonograms Treaty, 1996(04.07.2018)

The Union Cabinet chaired by Prime Minister Shri Narendra Modi has approved the proposal submitted by Department of Industrial Policy and Promotion, M.....

Tags : Accession, WIPO, Copyright Treaty, Approval

Direction to Copyright Societies regarding alleged collection of royalties(24.07.2023)

1. Department of Promotion of Industry and Internal Trade (DPIIT) has received several complaints, representations, grievances from the general public.....

Tags : Direction, Copyright Societies, Royalties

Comptroller General reiterates exclusion of software from patent regime(19.02.2016)

The Comptroller General of Patents, Designs and Trademarks showed its intention to continue disallowing the grant of patents on software. In its repor.....

Tags : Patent, software program, copyright

US Court of Appeal holds sequence of yoga poses not copyrightable(08.10.2015)

A Court of Appeal in the United States of America ruled that the sequence used in ‘hot yoga’ classes was a process intended to improve people's health.....

Tags : Copyright, yoga, hot, choreographic

Google wins lawsuit against scanning of copyrighted works(16.10.2015)

A United States Court of Appeal ruled in favour of Google in a lawsuit concerning its book scanning activities. It determined that such digitisation o.....

Tags : Google, copyright, books, scan, fair use

News

Madras HC Issues Notice on Plea Seeking Damages Over Copyright Infringement by Film Valimai(15.03.2022)

Madras High Court has issued notice to the makers of Tamil film Valimai, starring Ajith, after the Producer of a 2016 Movie called Metro alleged that .....

Tags : Madras High Court, Copyright Infringement by Film Valimai

Karnataka High Court: Section 63 of Copyright Act is Cognizable Offence(02.02.2022)

Karnataka High Court has held that Section 63 of the Copyright Act, 1957 which prescribes a punishment of minimum 6 months that may extend to 3 years .....

Tags : Karnataka High Court, Section 63 of Copyright Act

Kerala Court Passes Restraint Order in Infringement Suit Against “Karwaan” Movie(03.08.2018)

A Kerala Court has passes restraint order in a suit filed against the makers of the film “Karwaan” alleging copyright infringement.

Tags : Karwaan, Copyright

Delhi HC Refrains from Passing Interim Order in Photocopy Case(07.10.2016)

Delhi HC has refrained from passing interim order in an appeal filed against a Single-Judge verdict allowing photocopying of textbooks for educational.....

Tags : Delhi HC, interim order, photocopying, copyright

P&H HC: Executive Can't Exempt Use of Copyrighted Sound Recordings in Marriage Functions(25.05.2022)

Punjab and Haryana High Court has held that the executive has no authority under the Copyright Act to clarify or interpret the applicability of the la.....

Tags : Punjab and Haryana High Court, Copyright, Exemption, Public Notice

Delhi HC Orders Blocking of 12 Websites Illegally Streaming Content of Universal City Studios(06.05.2022)

Delhi High Court in a matter relating to copyright infringement, has ordered for blocking of 12 websites which were illegally streaming, hosting and m.....

Tags : Delhi High Court, copyright infringement, Universal City Studios LLC, 12 websites

Bombay HC Refuses to Stay Release of Shahid Kapoor Starrer Jersey(14.04.2022)

Bombay High Court has declined to stay the release of Shahid Kapoor starrer Jersey filed by a writer in a copyright infringement suit.

Tags : Bombay High Court, Shahid Kapoor, copyright, Jersey

Supreme Court: No One Could Have Copyright Over Judgments Delivered By Apex Court(24.11.2016)

Supreme Court while ruling that no one could have copyright over judgments delivered by Apex Court, has said that it could be reproduced in its raw fo.....

Tags : Supreme Court, Judgments, Copyright

Gujarat HC: Copyright in Artwork Subsists Till Death of Author and 60 Yrs After Death(15.06.2022)

Gujarat High Court has held that under Section 22 of the Copyright Act, 1957, copyright would subsist in the life time of the author and until 60 year.....

Tags : Gujarat High Court, Copyright, Artwork

Delhi HC: Party Organizers Liable to Pay Royalty for Using Copyrighted Songs(04.01.2017)

Delhi High Court has said that any event organiser, if using copyrighted music or songs in a party, would have to inform Copyright Societies which wil.....

Tags : Delhi High Court, Copyright, songs, Royalty

Delhi HC: Courts Can Direct Telegram to Disclose Info of Copyright Infringers Using The Platform(31.08.2022)

Delhi High Court has held that copyright infringers can’t be permitted to seek shelter under Telegram's policies merely on the ground that its physica.....

Tags : Delhi High Court, Copyright Infringer, Telegram

Delhi HC Reserves Judgment on Publisher’s Appeal in Photocopy Case(06.12.2016)

Delhi High Court has reserved its judgment on an appeal brought by a group of international publishers against an order allowing a photocopy shop in D.....

Tags : Delhi High Court, photocopy, Delhi University, international publishers, copyright

INTELLECTUAL PROPERTY RIGHTS - Bombay HC Directs Spotify to Deposit Rs. 6.5 Crore in Warner/Chappell Copyright Case(01.03.2019)

Bombay High Court has directed music streaming app Spotify to deposit Rs. 6.5 crore after a suit for infringement was filed by music publisher Warner/.....

Tags : Bombay High Court, Spotify, Warner/Chappell Copyright Case

Delhi HC Directs Saregama India to Deposit Rs 20 Lakh over Copyright Dispute With Zee Ent.(26.12.2016)

Delhi High Court has asked Saregama India Ltd, accused by Zee Entertainment Enterprises Ltd of infringing its copyright, to deposit Rs 20 lakh for pla.....

Tags : Delhi High Court, Saregama, Zee, copyright

Delhi HC Bars 3 Copyright Societies From Issuing Music Licenses(29.12.2016)

Delhi High Court has restrained three copyright societies from issuing any licenses for playing music and songs of various artists in public.

Tags : Delhi HC, copyright societies, Music

Delhi Court: Nobody Has Copyright on Teachings Written in Holy Books Like 'Quran'(03.08.2022)

Delhi Court while dismissing a suit of copyright infringement filed over publication of a book titled "Islamic Studies" with a cost of Rs. 50,000 has .....

Tags : Delhi Court, Copyright, Holy Books

Delhi HC: NOC of TM Office Mandatory for Copyright Registration of Artistic Work in Goods & Services(16.09.2022)

Delhi High Court has held to obtain copyright registration of artistic work which is being used or is capable of being used in respect of any goods an.....

Tags : Delhi High Court, Copyright, Artistic Work

Mansa Court Restrains Salim-Sulaiman from Releasing Sidhu Moosewala's Song 'Jaandi Vaar'(22.11.2022)

Commercial Court, Mansa has restrained the record label Merchant Records Private Limited and its directors Salim Merchant and Sulaiman Merchant from r.....

Tags : Commercial Court, Moosewala, Copyright

Del HC Rejects Sci-Hub’s Appln. Seeking Withdrawal of Admission Accepting Copyright of Publishers(07.11.2022)

Delhi High Court has rejected Sci-Hub Founder Alexandra Elbakyan's application seeking withdrawal of an earlier admission accepting the copyright owne.....

Tags : Delhi High Court, Sci-Hub, Copyright

Bengaluru Court Orders Blocking of INC & Bharat Jodo’s Twitter for Unauthorised Use of KGF-2's Music(08.11.2022)

Bengaluru Civil Court has directed Twitter to temporarily block accounts of Indian National Congress and Bharat Jodo after MRT Music accused party of .....

Tags : Bengaluru Civil Court, Twitter Handle, Copyright

Kar. HC Sets Aside Lower Court Order Blocking Twitter Accounts of Congress & Bharat Jodo Yatra(09.11.2022)

Karnataka High Court while allowing appeal preferred by Indian National Congress against civil court order directing Twitter to block Congress party's.....

Tags : Karnataka High Court, Twitter, Copyright

Delhi HC Directs Telegram to Disable Channels Providing Copyrighted Study Material(24.11.2020)

Delhi High Court has passed an ad interim order against Telegram Mobile Internet application directing them to take down/disable the channels providin.....

Tags : Delhi High Court, Channels Providing Copyrighted Study Material

Bombay HC: Registration of Copyright Not Mandatory for Seeking Protection Under Copyright Act(16.03.2021)

Bombay High Court has held that registration of copyright is not mandatory under the Copyright Act, 1957 for seeking an injunction against infringemen.....

Tags : Bombay High Court, Registration of Copyright

Bombay HC: Internet Broadcasting Not Covered U/s. 31D Copyright Act(10.05.2019)

Bombay High Court in a significant judgment held that Section 31D of the Copyright Act, 1957 covers only radio and TV broadcasting and not internet br.....

Tags : Bombay High Court, Copyright Act, 1957, Section 31D

Central Government Notifies Copyright (Amendment) Rules, 2021(09.04.2021)

Central government has notified the Copyright (Amendment) Rules, 2021 which amends the Copyright Rules, 2013. The amendments have been introduced with.....

Tags : Central Government, Copyright (Amendment) Rules, 2021

Bombay HC Refuses Javed Akhtar’s Application for Quashing Petition Regarding Didda Copyright Row(27.07.2021)

Bombay High Court has refused to hear lyricist Javed Akhtar's interim application in Kangana Ranaut's quashing petition regarding the Didda Copyright .....

Tags : Bombay High Court, Didda Copyright Row

Kar. HC Refuses to Quash FIR Against Congress Leaders for KGF Song Copyright Infringement(29.06.2023)

Karnataka High Court has refused to quash FIR filed by MRT Music against congress leaders Rahul Gandhi, Jairam Ramesh and Supriya Shrinate over the al.....

Tags : Karnataka High Court, Copyright Infringement, Rahul Gandhi

Del. HC: Satyajit Ray is First Owner of Copyright in Film ‘Nayak’(24.05.2023)

Delhi High Court while observing that late director Satyajit Ray is the first owner of copyright in 1966 Bengali film 'Nayak' and the right to novelis.....

Tags : Delhi High Court, Satyajit Ray, Nayak, Copyright

Delhi High Court Declines to Grant Ad-Interim Injunction to Saregama for Copyright Infringement(17.10.2019)

Delhi High Court has declined to grant ad-interim injunction to Saregama India Ltd in its copyright infringement against Maddock Films Pvt Ltd for the.....

Tags : Delhi High Court, Copyright Infringment

Playing Songs During Marriage Function and Related Ceremonies will not Amount to Copyright Violation(03.09.2019)

Central Government has clarified that utilization of any sound recording during the course of a religious ceremony including marriage procession and a.....

Tags : Playing Songs, Copyright Violation

Delhi High Court: Injury Caused to Copyright Owner Due to Exclusion from Credits is Irreversible(16.09.2019)

Delhi High Court has restrained Balaji Telefilms from using the song ‘Dhagala Lagli’ in its latest release ‘Dream Girl’. The Court ruled that such use.....

Tags : Delhi High Court, Copyright

Bom. HC Directs ‘Triller’ to Pay 300,000 USD to ‘Zee’ for use of Copyrighted Music(11.09.2023)

Bombay High Court has directed Video Sharing Platform ‘Triller’ to pay unpaid dues of USD 300,000 to Zee Entertainment Enterprises Limited for use of .....

Tags : Bombay High Court, Copyrighted Music, Triller, Zee

‘Bajrangi Bhaijaan’ copied screenplay claims registered copyright holder(18.10.2015)

‘Bajrangi Bhaijaan’, after its ‘selfie’ headache, visits the court again, this time for claims that the movie’s screenplay is copy of a story that was.....

Tags : Copyright, bajrangi bhaijaan, screenplay

Del. HC Restrains ‘People of India’ from Using Copyrighted Work of ‘Humans of Bombay’(12.10.2023)

Delhi High Court while observing that there can’t be any monopoly in running of a story telling platform and the platforms ought to adopt “their own c.....

Tags : Delhi High Court, People of India, Humans of Bombay, Copyright

Bombay High Court Allows Release of ‘Umeed’ Movie(17.01.2020)

Bombay High Court has held that there can be no monopoly of copyright in the idea or subject of a film based on the subject of a clinical trial, which.....

Tags : Bombay High Court, Copyright of Subject of Public Domain

Del HC: Originality is Key Feature for Claiming Injunction Predicated on Copyright Infringement(19.10.2023)

Delhi High Court while grating relief to owner of fantasy sports app MYFAB11, has held that originality though not novelty, is the underlying feature .....

Tags : Delhi High Court, Copyright Infringement, Injunction, Originality

Ker. HC Quashes Criminal Case Against Makers of ‘Kantara’ Movie in 'Varaharoopam' Copyright Row(30.10.2023)

Kerala High Court has quashed criminal case registered under Section 63 of Copyright Act over the alleged plagiarism of 'Navarasam' song of Thykkudam .....

Tags : Kerala High Court, Kantara, Varaharoopam, Copyright

Delhi HC Grants Interim Relief In Trademark & Copyright Infringement Suit Against Fake Kajaria Tiles(24.01.2022)

Delhi High Court has issued a temporary injunction under Order 39 of Code of Civil Procedure, 1908, restraining the Defendant from infringing the tile.....

Tags : Delhi High Court, Interim Relief In Trademark & Copyright Infringement Suit

Delhi High Court: Legal Database’s Subscription Can’t Be Considered as Transfer of Copyright(26.02.2024)

Delhi High Court has held that subscription to a legal database does not amount to transfer of copyright since there is a vast difference between tran.....

Tags : Delhi High Court, Legal Database Subscription, Transfer of Copyright

Delhi High Court: Legal Database’s Subscription Can’t Be Considered as Transfer of Copyright(26.02.2024)

Delhi High Court has held that subscription to a legal database does not amount to transfer of copyright since there is a clear difference between tra.....

Tags : Delhi High Court, Legal Database Subscription, Transfer of Copyright

NY Times Files Infringement Suit Against Microsoft & OpenAI for Copying Content Through AI Models(29.12.2023)

The New York Times has filed a copyright infringement suit against Microsoft and OpenAI alleging that the companies unlawfully used the copyrighted co.....

Tags : New York Times, Copyright, Microsoft, OpenAI

DIPP Clarifies Copyright Act Applies to Digital Streaming Services(08.09.2016)

Department of Industrial Policy and Promotion (DIPP) has clarified that all forms of broadcasting including digital music streaming fall under section.....

Tags : DIPP, Copyright Act

In a copyright dispute, Madras HC observed that merely because the producer has given credit to the author for screenplay or dialogue, it would not am.....

Tags : Madras HC, Copyright, Producer of Film

Delhi High Court: How Can Copyright Exist in An Unpublished Biography(15.02.2018)

Delhi High Court has asked that how can copyright exist on the unpublished life story of an individual, even if he is a war hero.

Tags : Delhi High Court, Copyright

Kerala HC: Even After Assignment of Copyright, Author has Right to Protect His Intellectual Property(08.01.2020)

Kerala High Court observed that observed that Section 57 of the Copyright Act, 1957 protects the special rights of the author even after the assignmen.....