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Showing posts from March, 2017

Reputation and Defamation: Legal Interpretation and Reform

(nb: This post has been typed out on my phone and will probably be revisited and edited later. Comments relating to the #SpeechBill are based on my own experience and inability to find it publicly accessible online. It's possible that it has been uploaded somewhere but that despite asking and looking for it, I simply haven't found it. I have no idea of whether the draft I saw is accurate. Disclosure: I was involved in developing strategy in the SLAPP suit mentioned in this piece.) Indian law relating to defamation and reputation has been contested and is of concern. Defamation is a criminal offence, and is considered to be a civil wrong under tort law. The elements of what constitutes defamation in each case are slightly different, as are the defences available to allegations of defamation. Under tort law, for example and in contrast to criminal law, a dead person cannot generally be defamed while under criminal law, in contrast to tort law, 'truth' is n

Historical and Legendary Figures in Art

It's been a while since the tale of Rani Padmini and what was then alleged to be the cinematic portrayal (or, depending on how one saw it, distortion ) of her story made waves. The Queen herself was believed to be a historical figure by some, whilst others thought of her as the creation of a medieval author's imagination. My own suspicion, based on very little given that there is a spectacular dearth of documentation, is that there was likely a real Queen based on whom the legend has been drawn. Around the time the controversy about her being portrayed in a film arose, I'd posted a series of tweets based on what I either learnt or believed of the Queen and the legend: Can I just mention that Malik Muhammad Jayasi's poem on Padmavati may have been an 'insult' to Sher Shah Sur with little relation to fact? — Nandita Saikia (@nsaikia) January 28, 2017 A translation of 'The Padumawati of Malik Muammad Jais' published in 1911 is available here:

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 discussion 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.)