In this post, the authors argue that the Copyright Act, 1957 has not kept pace with the technological advances, such as the rise of social media giants and the concomitant growing legal discourse on the publicity rights of a celebrity. The authors in this article analyse dichotomy and suggest a balancing approach to accommodate the celebrity’s concerns of publicity rights as well as the paparazzi photographer’s copyright over the photograph. Continue reading Whose Photo is it, really?: Dichotomy of rights and copyrightability of paparazzi photographs
In this post, the author discusses the ever increasing relevance of online comments and whether they carry value or not, and if they do, who is the rightful owner of the content. The author further analyses how the owner of such value carrying content may be determined and discusses a way forward to simplify the process for the Indian legal regime. Continue reading Copyrights and Comments: The Value of Opinions
In this post, the authors attempt to highlight the difference between claim interpretation and claim construction in patent law, explain how claim construction is to be done in light of the standard set in Phillips v. AWH Corp. and weigh the priority of intrinsic evidence as against extrinsic evidence in determining the legal scope of a claim. Continue reading The Difference that Matters: Claim Interpretation vs. Claim Construction in Patent Law
By: Akash Anurag & Raja Reeshav Roy INTRODUCTION In a recent instance, the Japanese Patent Board (hereinafter ‘Board’) dismissed a trademark opposition claim against the registered trademark ‘Smapple’ on the grounds of less likelihood of confusion with Apple. The opposed mark ‘Smapple‘ was filed by a Japanese entity dealing in repair and maintenance of mobile phones in the year 2017 and the same after acceptance … Continue reading Apple v. Smapple – Did the Japanese Patent Board Open the Floodgates by Weakening Trademark Protection In Japan?
By: Chitresh Baheti & Krati Sharma “Subtitling conventions are not set in stone and only time will tell whether these fansub conventions are just a mere fleeting fashion or whether they will… become the seed of a new type of subtitling for the digital space.” – Diaz Cintas and Munoz Sanchez, 2006 Audio-visual translation represents an area where the tussle between the professional norms and … Continue reading Fan Subbing: The Void of Speaking in Subtitles
By: Ajay Sharma INTRODUCTION John Doe order is a pre-infringement injunction remedy provided to protect the intellectual property rights of the creator of artistic works like movies, songs, etc. John Doe order is also known as Rolling Anton Pillar, Anton Pillar or Ashok Kumar order. The Court of Queen’s Bench in the United Kingdom developed the concept of John Doe order in the form of … Continue reading John Doe Orders In Indian Context
By: Chandni Ghatak The copyright regime in India is of particular significance due to the increase in the number of daily releases. While the audience witnessing, such works may be unaware of the internal tussle occurring between the various stakeholders involved in such creative process, determining the authorship of such works is of paramount importance, in order to protect and further encourage individuals to engage … Continue reading Lights, Camera, Copyright: Identifying Parts of a Cinematographic Film and Justifying its Authorship