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Showing posts from April, 2010

The Principal Director as an Author of a Film

Read the entire paper on “Films and the Copyright Amendment Bill, 2010″ at SSRN here. One of the earliest provisions in the Copyright Amendment Bill which generated (not always entirely accurate) media interest was a provision which stated that the principal director would become an author of a film. Thus far, under the Indian Copyright Act, 1957, the producers of both films and sound recordings have been considered to be their authors. The proposed amendment, however, seeks to change this provision and to define, in Section 2(d)(v), the author of a film as its producer and its principal director. Both of these persons are according to a proposed amendment to Section 2(z), to be considered joint authors, unless, of course, with respect to any given film, the same person is both the principal director and the producer. It has also been proposed to amend Section 17 of the Copyright Act which deals with the ownership of copyrighted works by inserting the following provisions: (f)...

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.)