India does not allow parallel protection and statutorily clarifies that copyright does not subsist in any design which has been registered under the Designs Act, 2000. Furthermore, though unregistered designs are protected under the realm of copyright law, copyright in any unregistered design that i...
This will be considered in part three. The same will be examined with the proposed amendment to the Act too. The paper concludes that the Act fails to give protection to future technologies and therefore that streaming/webcasting is not protected in India under the copyright regime....
Under copyright law, any person who transcribes a lecture, story, or performance (for example, in shorthand) or records music in a material form becomes the copyright owner of that material. This was further addressed in the Copyright (Amendment) Act of 1994, which introduced the concept of ...
Remedy in the case of groundless threat of legal proceedings as par section 60 of the Copyright Act# Gramophone Co. of India Ltd. v/s Birendra Bahadur Pandey: In interpreting the word "import" in the Copyright Act, not more must be taken of, of the fact that while the positive requirem...
The Copyright Act (Amendment) Bill 2012 – which now awaits final Presidential approval to become law – was passed in India’s Lower House of Parliament and is aimed at correcting an imbalance in the country’s copyright law which was seen as favoring film producers and record labels rather ...
there were no grounds on which a license to Radio Mirchi should be denied. The Court held that a compulsory license could be granted on grounds stated in Section 31A of the Copyright Act, i.e., only when access to the work has been denied to the public. In this case, the license had...
Sec 2 of The Copyright Act 1957 Copyright shall not subsist in any work specified in Subsection (1), other than a work to which the provisions of section 40 or section 41 apply, unless,- (i) in the case of a published work, the work is first published in India, or where the work...
Section 13 of The Copyright Act, 1957 provides that copyright subsists only in an original work. The period of validity of a copyright is in general 60 years from its first publication, or delivery or broadcast to the public. Team setindiabiz is well experienced to protect your valuable IP...
2. Interpretation.- In this Act, unless the context otherwise requires, - (k) "Government work" means a work which is made or published by or under the direction or control of - (i) the Government or any department of the Government; (ii) any Legislature in India; (iii) any Court...
Perform the work in public. Adapt the work. Create a derivative work. Distribute copies of the work to the public. Import copies of the work into India. Copyright infringement occurs when someone does any of these acts without the permission of the copyright owner. The Act provides for...