This week’s copyright, media, and entertainment law updates are as below-
Delhi HC awards Rs 2 lakhs to Microsoft in Copyright Violation Case
The High Court of Delhi has awarded Microsoft Rs 20 lakh in damages in the case of Microsoft Corporation vs Rupesh Waidande, a 12-year-old copyright infringement case. The, holding that that the Mumbai-based company illegally replicated and utilized Microsoft’s copyrighted products, including Microsoft Windows, Microsoft Office, and Windows Server, for commercial purposes. This unauthorized installation and use of its software constituted a violation of Section 51 of the Copyright Act. A permanent injunction was adjudged in favour of Microsoft along with seizure and destruction of goods released to the defendants.
Unauthorized Usage of Photos of Louis Vuitton: Delhi HC Orders Blocking of Website
The High Court of Delhi, in the case of Louis Vuitton Malletier v www.haute24.com & Ors, providing interim relief to the Plaintiff, ordered the blocking of a website www.haute24.com and others. The websites, allegedly, misused photographs and advertisement posters of Louis Vuitton for sale of the products on the defendants’ websites. Louis Vuitton made a prima facie case, against the defendants ex-parte, claiming to maintain and advertise on its website it hires world renowned photographers and high-end fashion models, which are “artistic works” qualifying for copyright protection.
Sharing of TV Streaming Passwords Violates Copyright Law: UK Government
The Intellectual Property Office of the UK, in an official statement, stated that the practice of sharing passwords for online streaming services like Netflix is against the Copyright law. Although, Netflix has not stated its intention to take any 6action against such password-sharing. Clarifying the Intellectual Property Office’s position, the statement read: “There are a range of provisions in criminal and civil law which may be applicable in the case of password sharing where the intent is to allow a user to access copyright-protected works without payment… These provisions may include breach of contractual terms, fraud or secondary copyright infringement, depending on the circumstances. Where these provisions are provided in civil law, it would be up to the service provider to take action through the courts if required.”
Ukraine Parliament Passes Bill to Ban Online Hate Speech
6 years after the ban on employment discrimination based on sexual orientation and gender identity, the Ukraine Parliament recently passed a bill to prohibit online hate speech and incitement based on the same. The media regulation bill was unanimously approved on the 15th of December. Olena Shevchenko, chair of Insight, Ukrainian LGBTQ and intersex rights group said that, “It’s a big step for Ukraine, to start adoption of our legislation to European values. We hope our government will recognize LGBTQI people as equal as soon as possible.” The bill comes after Ukrainian President Volodymyr Zelensky’s statement in August 2022, supporting same-sex civil partnerships, “All people are free and equal in their dignity and rights…In the modern world, the level of a democratic society is measured, among other things, through state policy aimed at ensuring equal rights for all citizens.”
Authored by Ipshita Bhattacharyya (Associate, BananaIP Counsels) and Anjana Gopinath (Intern)
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