24 December 2015

MS: Art and Indian Copyright Law

In late 2014, I found myself rushing to Pune to deal with a family emergency. And, in the days that followed, I found that I needed to write something — anything — to attempt to stay sane. The result was a manuscript on how Indian copyright law interacts with art; a statutory reading primarily because I was under a good deal of stress at the time and simply wasn't in any frame of mind to wade through reams of case law. Also because, quite frankly, there isn't a great deal of pertinent Indian case law which deals with art and copyright simultaneously.

Initially, I'd planned to get the MS published but wasn't able to find a publisher whose terms were acceptable to me. No, I'm not willing to grant joint copyright to a publisher. No, I will not burden myself with an unlimited indemnity clause. And, no, I simply will not undertake to never write on the same subject again.

Anyway! The result has been that the manuscript's been lying with me for a while now. It's still in draft form, and its first part is a feminist and post-colonial reading of the Copyright Act. Later parts are more, well, conservative, and stick to the letter of the statute; I'm on much firmer ground there being far more certain of the law than of my limited knowledge of art. Given that this isn't a field which is especially well developed in India, I've just made the MS publicly available in case anyone would like to have a look at it some time.

Here it is: Art and Indian Copyright Law: A Statutory Reading [SSRN]

(This post is by Nandita Saikia and was first published at Indian Copyright.)


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