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Copyright/Cinematograph Statutory Dissonance

It appears the Cinematograph (Amendment) Bill, 2021, proposes to amend the statute in a way which would effectively result in there being two primary statutes which contain provisions relating to the infringement of intellectual property rights in films: the Copyright Act and the Cinematograph Act.  Reading through the proposal, it isn't at all clear how the relevant provisions in the two statutes, if they were all to simultaneously be in force, would act together and, to make matters even more concerning, the provisions proposed to be inserted into the Cinematograph Act seem incoherent from the point of view of copyright law: the first appears to suggest that knowingly recording or transmitting a film (or trying to do so or helping others to do so) requires the consent of the author of the film and not its owner; it reads:   "6AA. Notwithstanding any law for the time being in force, no person shall, without the written authorization of the author, be permitted to use any audi

The Pandemic and the Path to Equitable Healthcare

Equitable healthcare to address the CoVID-19 crisis requires a multilevel, multipronged approach, and it is important to achieve equitable healthcare not least because, as we've heard over and over again, no-one is safe till everyone is safe. Borders, whether drawn on maps or in minds, will not — cannot — guarantee the safety of those within their bounds. Not when one speaks of being safe from a virus such as this. Intellectual property rights play a role in the process of achieving equitable healthcare although they are, by no means, the only factor: ultimately, it is realpolitik which plays a decisive role in manufacturing, and in supply and demand chains. This write-up, however, focusses on intellectual property rights and strategies from a largely theoretical point of view not least because the information available in the public domain about pre-existing contractual relationships and other factors which affect the situation on the ground are not available in their entirety. Co

First Principles: The Anticipated Non-Personal Data Governance Framework

A committee constituted by the Ministry of Electronics and Information Technology issued a draft report on non-personal data governance in India in July 2020 which it revised in December 2020 following the receipt of feedback from stakeholders. The December 2020 report envisages parallel regimes for the governance of personal and non-personal data although it does not appear to take into account how fluid the two forms of data are. The report's underlying principles also seem fairly ambiguous; the document suggests that 'regulation in India to establish rights over non-personal data collected and created in India' be 'simple, digital and unambiguous' in § 3.4(v) without specifying what it means by 'digital' or, indeed, why the regulations should be digital.  The comments contained in this write-up seek to engage with the principles which appear to underlie the December 2020 Draft Report by the Committee

[SSRN] Negotiated Content Dissemination Under Copyright Law

ABSTRACT Copyright does not function in isolation. It is supported by contract law, and it is but one of the laws which governs content, its ownership, use, and dissemination. Focusing on broadcasts, whilst recognising that the processes applicable to them also apply to other forms of dissemination in modified form, this text describes, in broad strokes, the field in which negotiated grants of copyright function from a statutory point of view, describes what goes into attempting to ensure that content per se is ready for legal dissemination, and discusses how relationships between the various stakeholders are structured to facilitate such dissemination. A 20-page working paper (that's been on my device for a while) shared as-is :  available here via SSRN . This post is by Nandita Saikia and was first published at IN Content Law . 

Comments: Proposing to De-Criminialise Copyright Offences

NOTE: These comments have not been edited, double-checked, or proof-read. They are based on first impressions of the law, and may be re-thought. Contents I.        Introduction .. 1 II.      Concerns about Criminal Provisions . 1              1.       The Specificity of Offences              2.       Definitional Issues              3.       Enforcement Processes              4.       Sentencing Guidelines              5.       Mens Rea and the Commission of Offences III.     Limitations to the De-Criminalisation Process . 11 (References to the Copyright Act are references to the Indian Copyright Act, 1957.) I.                   Introduction Indian criminal law relating to offences contemplated by its copyright statute does not appropriately address infringement: amongst other issues, it lacks nuance, is not always clear, and does not necessarily require that a person intend to commit a crime to be held guilty of it. Due to the textu