Copyright does not protect ideas except to the extent they are expressed, and a writer will not be liable for copyright infringement if she copies only ideas of another writer. Ideas, facts, historical events, and public domain works are open to all writers, and no writer can claim exclusivity over them under the copyright law. However, a writer is not permitted to copy expressions of another writer, and such copying without authorization gives rise to copyright infringement.
Copyright Infringement
If an…
Over the years, the copyright law was amended several times to achieve different objectives ranging from inclusion of new works and rights to protecting interests of authors. One of the amendments to Indian copyright law in 1994 related to creating an exclusive business zone for copyright societies, whose objective is to manage works of authors, publishers and owners and facilitate ease of licensing and royalty sharing. The amendment provided in Section 33 of the Copyright Act that only copyright societies…
This post was first published on June 25, 2011.
Facts:
Autodesk Inc. is a U.S. based design software and digital content company which provides design software to professionals. It is also the owner of various Trademarks in India including AUTODESK and AutoCAD. Microsoft Corporation is the owner of various well known computer software like Microsoft Office and Microsoft Windows, having a subsidiary company in India. In May, 2003, Microsoft received information from Mr. Devesh Tiwari, a Service Engineer for computers of…
This post was first published on June 7, 2011.
Pfizer Inc. filed a suit against Watson Laboratories, on June 1, 2011 in the United States District Court for the Southern District of New York seeking to prevent Watson from commercializing sildenafil citrate tablets prior to the expiration of Pfizer’s Viagra. Watson's sildenafil citrate tablets are a generic version of Pfizer Inc.'s Viagra, which is indicated for the treatment of erectile dysfunction (ED). Sildenafil citrate enhances the effect of nitric oxide,…
Boney Kapoor Sends Legal Notice to Makers of ‘Sridevi Bungalow’, ‘Uri’ Makers Take Stringent Measures to Prevent Piracy, Copyright Office Invites Applications for Examiners on Contract Basis, YouTube Removes BTS and TWICE Videos over Copyright Claims, MTI Awarded Damages in Copyright Infringement Case, Publisher Sues Netflix for Infringement, WB Sues Harry Potter-themed Cafe for Copyright Infringement, Forza Horizon 4 Removes Dance Emotes, Spotify Partners With T-Series Ahead of India Launch, KodakOne Blockchain Beta Generates USD 1 Million in Licensing Claims
Copyright Quote
“The beauty of Copyright law is…
First Publication Date: 13th June 2010
Supreme Court vacated Interim Application passed in favor of plaintiff and also allowed
the IA in favor of defendants. This case is a hearing of interim application before
Supreme Court while main suit was pending for trial.
Case Facts
Well-known authors Ratanlal and Dhirajlal wrote books on IPC, CrPC, Evidence Act,
Torts, Law of Crimes and Bombay Criminal Cases. All these six books were assigned to
the defendants by Mrs. Mary. Later, assignor and the defendants had a legal dispute
which was…
First Publication Date: 21st December 2009
Trade Secret in India is not protected under any specific law but Indian Courts from time to time have recognized that confidential business information, such as customer lists, details of suppliers, pricing policies, product launch time-schedules, management marketing, know-how, designs, drawings, model, specifications, surface data, notes, improvements, technical information and so on may qualify as trade secrets.
The jurisprudence that has developed in relation to trade secrets and confidential information is by way…
First Publication Date: 7th December 2009.
Today, Open Source Software (OSS) is being widely used in business as high quality software is being developed by open source communities. Most proprietary softwares have their OSS counterparts, which provide similar or better features. As integration of open source softwares into business is increasing, companies have evolved various business models for commercially gaining from OSS.
One of such models is the dual licensing model. Under a dual licensing model, a company makes a…
Indian Copyright Statistics, FIR filed against Sunburn Festival, Rajat Kakar appointed as PPL’s Managing Director, HRAWI members to refrain from using Novex’s songs, Pawan Kalyan’s Agnyaathavaasi in copyright row, Songs.pk Returns, Spotify sued for USD 1.6 Billion and BBC to partner with tech firms and more are presented by the Copyright and Entertainment Law Attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm
COPYRIGHT QUOTE OF THE WEEK
"When you have a wit of your own, it is a plesure to…
Copyright infringers may be broadly classified into two categories, organized and unorganized. Organized infringers run legitimate businesses and are legally established and structured, but unorganized infringers do not run legitimate businesses, and are normally not established under the framework of the law. Some infringers borrow some elements from each, and may be referred to as hybrids. Depending on the nature of the copyright infringer, the goals set, strategy devised and enforcement mode adopted by the copyright owner varies.
Copyright…