Category: Copyright Litigation

Fair Use in Parody and Satire: Analysing the Boundaries of Creative Expression in Common Law Countries.

14th December, 2024 - 10:37 am Categories: Constitutional Law Copyright Litigation

INTRODUCTION Parody, an art form as old as Aristophanes, raises an interesting tension in copyright law where it conflicts with the idea of proprietary rights of original authors. This collision raises a fundamental question: if two works valuable from an artistic point of view are contested in the field of competition of copyrights, which ought … Continue reading Fair Use in Parody and Satire: Analysing the Boundaries of Creative Expression in Common Law Countries.

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Authorship vs. Ownership: Decoding the Doctrine of Work for Hire

26th November, 2024 - 6:27 am Categories: Copyright Infringement Copyright Litigation Corporate Law

INTRODUCTION In copyright law, the difference between authorship and ownership is a key factor in deciding who actually holds the rights to a creative work. The primary function of this legislation is to protect “creative work” and alongside ensure that creators get “exclusive rights” for their original creation of their mind. Article 27 of the … Continue reading Authorship vs. Ownership: Decoding the Doctrine of Work for Hire

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The Judicial Interpretation And Legislative Dichotomy On Royalty Payable To Playback Singers

16th November, 2022 - 5:43 am Categories: Copyright Litigation

INTRODUCTION: When a playback singer has rights to their song, they may be entitled to a royalty payment. The main issue is whether or not they have any legal claim to their songs. The Copyright Act defines ‘performers’ as any person who does a performance[1], but the definition of a performance is “any visual or … Continue reading The Judicial Interpretation And Legislative Dichotomy On Royalty Payable To Playback Singers

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Khurana & Khurana Opens Jalandhar (Punjab) Office

11th May, 2019 - 11:55 am Categories: Copyright Copyright Infringement Copyright Litigation Corporate Law Fashion Law Intellectual Property IP Commercialization IP Licensing IP Litigation Licensing Media & Entertainment Law NCLT Patent Filing patent infringement Patent Litigation Patent Opposition Patents Trademark Trademark Litigation

Khurana & Khurana, Advocates and IP Attorneys (K&K) along with its IP Asset Management Practice, IIPRD, are happy to announce that they are expanding to Punjab and opening up their new branch Office in Jalandhar, w.e.f *insert date*, in wake of its growing Intellectual Property (IP) and Commercial Litigation Practice, and with an intent to … Continue reading Khurana & Khurana Opens Jalandhar (Punjab) Office

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Interplay of section 51 and 52 of the Copyright Act, 1962: Delhi High Court judgement

3rd October, 2016 - 8:00 am Categories: Copyright Copyright Infringement Copyright Litigation India

This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon’ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962. This case tries to draw the line between the rights of the author, publishers of the work and competing rights of society. The case … Continue reading Interplay of section 51 and 52 of the Copyright Act, 1962: Delhi High Court judgement

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Jurisdiction of Courts Under Section 62 of the Copyright Act and Section 134 of the Trademarks Act

14th March, 2016 - 12:54 pm Categories: Copyright Copyright Litigation India News & Updates Trademark

The Hon’ble Supreme Court of India in “INDIAN PERFORMING RIGHTS SOCIETY LTD. Versus. SANJAY DALIA AND ORS”: (2015) 10 SCC 161 and the Hon’ble Division Bench of Delhi High court in ULTRA HOMES CONSTRUCTION PVT. LTD Versus PURUSHOTTAM KUMAR CHAUBEY & ORS FAO (OS) 494/2015 & CM 17816/2015 has interpreted Section 62 of the Copyright … Continue reading Jurisdiction of Courts Under Section 62 of the Copyright Act and Section 134 of the Trademarks Act

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Music Rights for Use in Films

9th January, 2015 - 11:12 am Categories: Copyright Copyright Litigation News & Updates

In recent times, music copyrights and their ownership/rights to producers, artists, among other stakeholders, have been under strong discussion across geographies. We are happy to have a written piece by Gemma Harrison, a freelance writer, on her high-level take on the Copyrights in Music. This summer, the highest grossing film at the box office was Marvel’s Guardians … Continue reading Music Rights for Use in Films

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Criminalizing online sharing of Academic Article by a Columbian Student

1st September, 2014 - 9:16 am Categories: Copyright Copyright Infringement Copyright Litigation

Background Diego Gomez is a student perusing post graduation in Conservation and Wildlife Management in Costa Rica. Like students of developing countries, he also used to face lack of availability of literature in the libraries and other sources of reading. To face this scarcity of academic databases, Diego, used the power of internet. It enabled … Continue reading Criminalizing online sharing of Academic Article by a Columbian Student

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Copyrights Enjoyed By Musicians

16th December, 2013 - 9:10 am Categories: Copyright Litigation IP Practice in India

Sanyukta Biswas, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the rights of singer, lyricist and composer that have been incorporated by the 2012 amendment. Once upon a time in India even the most noted of film artists and musicians could not secure themselves financially despite their brilliance. In an infamous legal … Continue reading Copyrights Enjoyed By Musicians

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Copyfight or Copyright?- An analysis on the legal scenario of parallel importation

28th March, 2013 - 4:38 am Categories: Copyright Litigation News & Updates

On 19 March, 2013, in a closely divided 6-3 judgment in Kirtsaeng v. John Wiley, the U.S. Supreme Court held that copyright law could not be used to prevent parallel importation into USA for works that are made outside USA. The facts of the case are as follows: In 1997, a student named Supap Kirtsaeng, … Continue reading Copyfight or Copyright?- An analysis on the legal scenario of parallel importation

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