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.

30 April 2017

Informational Self-Determination v Privacy (Note)

A very quick note with the text of tweets which I'd posted about how an argument relating to informational self-determination is not a 'backdoor entry' to an argument about privacy, and how the two concepts differ:

Privacy & informational self-determination are not synonymous. They emerge from distinct traditions. The latter's been around for 34+ years.

Privacy, in the US trad, is generally understood as a derivative of an 1890 paper [in which Brandeis and Warren, then concerned with covert photography, thought of it in terms of the right to be let alone]. Informational self-determination likely emerged in 1967.

Refs to 34 years re info self determination come from a German case though Alan Westin conceptualized it earlier [in his book 'Privacy and Freedom' where he re-defined privacy in terms of the individual's right to control the disclosure, retention, and dissemination of his personal information].

Info self determination is largely unrecognised by Indian law although oblique unnamed references could be considered to have been made [in the 2011 Privacy Rules under the IT Act, for example].

Info self determination is also not really a US thing — reams have been written about how to bring it into US law. It's barely compatible »
» with the US 'right to be let alone' concept of privacy which draws on tort law & isn't esp amenable to capitalist or neolib appropriation.

US consti rights in pvt settings are abwehrrechte, not implicated sans state coercive power/significant encouragement, Blum v Yaretsky '82. [That's 1982.]

German law, however, is much more 'proactive' and more easily invoked to protect the individual & grant autonomy even in pvt settings.

Westin aside, within Germany, informational self-determination finds basis in the work of Niklas Luhmann. It has communal benefits. »
» In 140: Separating & constraining overflow of individuals' info from one societal subsystem to anr facilitates democratic participation.

So, this thread's scattered but bottomline—ref info self determination, not privacy is not some lawyer's sleight of hand. They're different.


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