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Showing posts from February, 2010

Films and the Copyright Amendment

Read the entire paper on “Films and the Copyright Amendment Bill, 2010″ at SSRN here. In 2006, the Copyright Office first put up a draft of proposed amendments to the Copyright Act on its website. Since then, the proposed amendments appear to have been revised (if media reports are anything to go by). On December 24, 2009 , the PIB released information about the proposed copyright amendments. Although the press release did not include the specific provisions of the bill, among other things, it stated: “Amendment is proposed to give independent rights to authors of literary and musical works in cinematograph films, which were hitherto denied and wrongfully exploited, by the producers and music companies. An amendment is proposed to ensure that the authors retain their right to receive royalties and the benefits enjoyed through the copyright societies. Another amendment ensures that the authors of the works, particularly songs included in the cinematograph film or sound recordings, ...

Hyperlinks and Copyright Infringement

Download this article. Note: This post does not focus on ISP liability. A hyperlink usually links one document (an anchor) on the Internet to another document (the target). Usually referred to as a links, hyperlinks may be one directional, bi-directional or may be used in more complex patterns. There are several types of hyperlinks, with the common ones being: Surface links which link to the homepage of another website; Deep links which link to a specific page or paragraph inside a website; External links which link to a document which is not the document on which the link is located; Internal links which link to a location within the same document (such as to the top of an HTML page) or another document within the same website; Inline links which, as Wikipedia puts it, “display remote content without the need for embedding the content. The remote content may be accessed with or without the user selecting the link. A inline link may display a modified version of the content;...

Monographs & Essays

The Bollywood Amendments (2010-2012)

An examination of the provisions of the 2012 amendments to the 1957 Indian Copyright Act which affect the film and music industry. The paper takes into consideration the factual background in which the amendments were made and explores whether they are likely to realise their objectives.

Last revised: 2013
(Available here: SSRN)

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.

Last revised: 2017
(Available here: SSRN)

Indian Music: Ancient Traditions, Contemporary Rights

This essay on copyright and creativity discusses cultures of musical borrowing in the realm of Indian music from ancient times to the present day, and examines the effect of the introduction of colonial copyright law in India. It posits that the Western paradigm on which contemporary copyright law is based cannot be easily integrated with Indian musical practices, and argues for the decolonisation of the law.

Last revised: 2023
(Available here: SSRN)

About

IN Content Law is a personal blog which contains the views of its author, Nandita Saikia, alone unless otherwise explicitly stated. The author of the blog may have advised clients on subjects relating to those dealt with in this blog. However, the contents of this blog are not intended to reflect the opinion or position of any person (other than the author) unless otherwise explicitly stated. The posts on this blog relate to copyright and content law from an Indian perspective. They are not professional advice, and should not be considered or construed as such. No action should be taken or omitted on the basis of the contents of this blog. This blog neither creates an attorney-client relationship between the author and any visitor(s) or any other person(s), nor does it seek to do so. The material contained herein is solely for the purpose of academic reflection, and is accessible on an as-is basis. No representations or warranties are made as to accuracy, impartiality or fitness of the material on this blog for any use, and the author shall not be liable in any manner to any extent for the consequences of any action taken on the basis of any material herein. Further, no representations or warranties of any nature are made regarding any material which may be linked to from this blog, and the author shall not be responsible for the contents thereof. Revisions: The posts on this blog may be revised from time-to-time for editorial or other purposes without each revision being marked in the post itself. Privacy: "This site uses cookies from Google to deliver its services and to analyse traffic. Your IP address and user agent are shared with Google, together with performance and security metrics, to ensure quality of service, generate usage statistics and to detect and address abuse." (Learn more.)