copyright

Is Minor Usage of Media Material Copyright Infringement?

De Minimis in Copyright ‘De minimis’ refers to a trivial legal violation that is insufficient to warrant legal remedy – it follows from the legal maxim ‘de minimis non curat lex’ which translates into ‘the law does not concern itself with trifles’.  Where an act of potential infringement of a work has been deemed de minimis, …

Is Minor Usage of Media Material Copyright Infringement? Read More »

What is the WIPO Copyright Treaty?

Introduction The WIPO Copyright Treaty (WCT) is an agreement which originated from the Berne Convention. It was developed to protect the works and rights of their authors in the digital environment. The WCT mentions two subject matters to be protected by copyright: a) computer programs and b) databases. WCT was adopted by the member states …

What is the WIPO Copyright Treaty? Read More »

What Are Authors’ Moral Rights?

Introduction Copyright primarily concerns itself with the ‘rights of the authors’ which means that the author’s (term used here to represent a wide array of artistic creators) original work is his or her personal property, and others are not permitted to use it without permission. In addition to economic rights that are transferrable, Copyright has …

What Are Authors’ Moral Rights? Read More »

How Do You Calculate of Damages Arising Out of Trademark and Copyright Infringement?

Introduction In India, when it comes to calculating the quantum of damages for IP infringement, there are no set parameters or guidelines so courts place reliance on existing broad principles and precedents. In the case of Microsoft Corporation v Deepak Raval, the Delhi High Court awarded only the damages actually claimed in the suit. In doing …

How Do You Calculate of Damages Arising Out of Trademark and Copyright Infringement? Read More »

tattoo, tattoo artist, arm-3268988.jpg

Tattoos and Copyright: How Does Having a Picture Inked to Your Body Interact With Authorship Rights?

Introduction To have a piece of art or a word engraved on one’s body takes in a lot of commitment, and this dedicated engraving pushes one to think whether or not tattoos, permanent or otherwise are eligible for protection under the Indian Copyright framework. In accordance with section 13(1) of the India Copyrights Act of …

Tattoos and Copyright: How Does Having a Picture Inked to Your Body Interact With Authorship Rights? Read More »

How Can IP Owners Enforce Their Rights Across Borders?

Introduction Counterfeit goods are the replicas of the real product produced with the intent to take unlawful advantage of the goodwill and reputation of the real product. The unique geographical location of India with eight neighboring countries and a lengthy, porous border makes it more susceptible to counterfeit products. Counterfeit goods cause damage to rights …

How Can IP Owners Enforce Their Rights Across Borders? Read More »

How Do GamePlays & Walkthroughs Affect Creator Rights?

Introduction Lately the entertainment industry has been coming up with a wide variety of content to ensure their users have a different experience from what they have experienced before. When it comes to games, several game development companies have been doing everything in their power to develop games that are more user interactive. User interactive …

How Do GamePlays & Walkthroughs Affect Creator Rights? Read More »

kindle e-reader

Digital Rights Management – Boon or Bane?

Introduction With the increase in technological advances, the world as we know it is drifting towards a digital space and this space has resulted in the production and distribution of digital content. The term ‘content’ broadly refers to any processed and packaged digital information, such as digital audio, video, graphics, animation or any combination of …

Digital Rights Management – Boon or Bane? Read More »

Language »