December 4, 2021

Copyright Newsletter- October - November 2021

Latest cases on Copyright laws and proposals on IPR

Newslaundry’s YouTube channel was taken down after India Today reported a ‘copyright violation.’

News laundry, who is an independent news media organization, claims that YouTube has frozen its video channel after India Today Group reported it many times for copyright violations.

News laundry states that YouTube has frozen its website’s channel after receiving multiple complaints by different media houses. Since YouTube has a system of striking video content or the channel per se this is kind of automated, where if someone has used footage having copyright. It will warn us with a copyright strike and upon three such warning or strikes in a month the channel which uses the copyright content will get blocked.

This automated system is managed through an artificial intelligence (AI) machine that checks if the footage is the same. However, according to News laundry there is no copyright violation and usage of the alleged copyright footage of another news organization is for sole purpose of critiquing, commenting on or analyzing the news itself which comes under the ambit of Section 52 of Copyright Act i.e. Fair Use.

 

Four factors of fair use:
  • The purpose and character of the use, including whether such use is of commercial nature or is for non-profit educational purposes.
  • The nature of the copyrighted work.

 

  • The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
  • The effect of the use upon the potential market for, or value of, the copyrighted work
K S & Co Comments

As the relevance and reach of internet has grown in recent years, the creator side of the internet has grown exponentially making it important for even the common people to understand the basics and sometimes the intricacies of the copyright law in order to protect themselves from getting into legal trouble.

No Copyright in an idea

In the recent matter of Tarun Wadhwa v. Saregama India Ltd and Anr, Wadhwa who is an independent filmmaker approached the court to restrain the release of Marathi movie ‘Zombivli’ which is based on Zombies and is produced by Saregama. Wadhwa alleged copyright infringement by the company saying that Saregama had used his material illicitly and those details were shared in circumstances of confidentiality. The Bombay High Court refused to take any such action and said that it is a well settled principle that there is no copyright in an idea and hence the suit holds no ground.

K S & Co Comments

The principle that an idea cannot be brought under copyright works is well-established. This case reinstates that principle.

Shia Personal Law Board sends legal notice to makers of ‘A Suitable Boy’

The All-India Shia Personal Law Board (AISPLB) has sent a legal notice to Mira Nair, Netflix, and the makers of the web series “A Suitable Boy” for depicting a “tazia” (model of Imam Husain’s mausoleum) in one of the episodes. According to the notice, the series’ creators purposefully harmed millions of people’s religious feelings. The Board has asked that the creators delete the scene from the web series and issue a public apology through their notice.

K S & Co Comments

The freedom of expression exercised by artists has been under constant conflicts. A musician, film-maker, comedian etc is regularly in the news because someone somewhere has been “offended” by what is being shown or said through art and it is growing out to be a matter of concern because in most cases the people offended, are the ones coming on top.

AIFCC applies for registration as a Copyright Society

The All India Film Chamber of Commerce (AIFCC) has applied to be registered as a copyright society under Section 33 of the Copyright Act, 1957, for the purpose of issuing or granting licenses in respect of creative works, which include literary, dramatic, musical, and artistic works incorporated in cinematograph films or sound recordings. The Copyright office notified the same with a public notice.

K S & Co Comments

In India a copyright society is registered under Section 33 of the Copyright Act, 1957. Such societies are formed by authors and owners and only one society can be registered to do business in respect of the same class of works.

However, in recent years, the government has convened a number of stakeholder workshops to explore the many elements of registering several copyright societies as opposed to a single copyright society in a single class of work. On this subject, the industry is divided. Those in favour of multiple societies for same class of work are of the view that competition is necessary and users should have choice of multiple societies to avoid monopolistic practices being carried by a single society. Regional actors, in particular, have advocated for the establishment of different organizations for the same type of activity. The government will very certainly receive multiple objections to AIFCC’s registration as a copyright organization. It remains to be seen whether the government is convinced of the need for a single copyright organization dealing with all underlying works, with a special focus on the South Indian regional cinema and music industries.

Centre seeks inputs on IPR from industry for India-UAE free trade pact

For the Indians doing business in the UAE, the Department of Policy for Investment and Internal Trade (DPIIT) has sought suggestions from different industry bodies and stakeholders to ease up the business for the concerned people. The DPIIT in its communication to stakeholders said “In this agreement, IPR plays a crucial role as it would be of significant importance to IP-intensive industries, both creative and technology driven.”

Suggestions must be made for specific areas of concern, such as the filing, registration, enforcement, or commercialization of intellectual property rights in the UAE. Stakeholders must also specify the levels of difficulty they encounter, such as at IP offices, enforcement agencies, or any other government agency.

K S & Co Comments

Move will make it easier for Indians to do business in the UAE. Trade between India and the UAE was $ 59 billion in 2019-20, and according to government statistics, the UAE is India’s third largest trading partner in a year after China and the United States.

Delhi High Court Proposes to frame Intellectual property division rules 2021

After Intellectual Property Appellate Board (IPAB) was dissolved by the Government vide “The Tribunals Reforms Ordinance, 2021”.[1] All cases/appeals pending before the IPAB are to be moved to the relevant High Courts (of Delhi, Bombay, Madras, Calcutta, or Ahmedabad, as the case may be) or Commercial Courts in copyright proceedings with the effect of this announcement. As a result, IP-related appeals and proceedings are presently being filed with the relevant High Courts or Commercial Courts, depending on jurisdiction.

The Delhi High Court, seizing the chance and living up to its reputation as a forward-thinking IP court, formed an Intellectual Property Division (IPD) with specialized IP benches to handle all IPR disputes on July 7, 2021.

K S & Co Comments

The High Court of Delhi has released a Public Notice dated October 10, 2021 which was later extended till 10th November, 2021 vide Public Notice dated 26th October, 2021[2] proposing the Draft “Delhi High Court Intellectual Property Rights Division Rules, ­ 2021,” in a much-anticipated and expected move.

The Court had requested submissions from members of the Bar in response to the aforementioned notification.

The establishment of a specialized division for intellectual property (IP) is a clear recognition of the relevance and value of IP in our economy in recent times. Because the formation of the IP Division is still in its early stages, it is too early to speculate on its influence on IP. The long-term aim is for the IP division to give further certainty of fair and prompt disposition of IP matters, hence improving IP holders’ faith in the system and administration of IP disputes in India.

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