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Category: Copyright

Copyright

ANI v. OpenAI: Delhi HC Analysis on AI and Copyright

The Delhi High Court’s refusal to grant an interim injunction in ANI Media v. OpenAI marks a pivotal moment for AI in India. The court analyzed whether LLM training constitutes copyright infringement under Section 52, concluding that storage for research qualifies as fair dealing. Furthermore, the court found no prima facie evidence of 'regurgitation' or substantial reproduction of ANI’s news content by ChatGPT. This detailed analysis explores the court's stance on jurisdiction, the transformative nature of AI, and the balance of convenience favouring the public interest in technological development.

10 min read
Copyright

Bombay HC Ruling on Logo Access and Reverse Passing Off

The Bombay High Court's ruling in Atyati v. Cognizant offers a masterclass in documenting independent creation for design marks. Justice Sharmila U. Deshmukh dismissed the copyright infringement suit, emphasizing that the 'reasonable opportunity of access' is a strict threshold that requires more than mere speculation. Furthermore, the court recognized reverse passing off as a viable legal claim in India, even while ruling against it on the facts. This decision is essential reading for companies undergoing rebrands, highlighting the importance of maintaining contemporaneous documentation to shield against claims of copying.

8 min read
Copyright

Zee vs. Libas: Instagram Music and Copyright Law

The Zee v. Libas copyright case exposes a significant legal blind spot for many Indian brands: the assumption that Instagram's built-in music library grants commercial rights. Justice Tushar Rao Gedela’s ruling confirms that platform-level access for personal use does not equate to a license for brand promotions or commercial Reels. As Zee pursues litigation against major retailers like Nykaa and JioStar, it is clear that courts are now scrutinizing the line between platform access and illegal commercial exploitation. Brands must secure direct synchronization licenses to avoid severe copyright infringement liability.

11 min read
Copyright

Dynamic Injunctions: Zee v. Soccerbox FIFA Piracy Ruling

The Delhi High Court’s recent dynamic injunction in Zee Entertainment v. Soccerbox signals a new standard for protecting live sports broadcasts. By extending protection to mobile applications, mirror sites, and redirects, the court addressed the temporal nature of piracy during the 2026 FIFA World Cup. This ruling clarifies that broadcast reproduction rights under Section 37 are robust against rogue platforms. We analyze how this decision creates a powerful, real-time enforcement mechanism, ensuring that exclusive rights holders can combat revenue loss without the need for repetitive court interventions during high-stakes sporting events.

7 min read
Copyright

IndiaMart OTP Phishing: Delhi HC Targets Global

The Delhi High Court has issued a landmark ex parte ad-interim injunction against phishing operators targeting IndiaMart. The ruling is groundbreaking for its reach, involving international cloud providers like Vercel, Netlify, and GitHub as defendants to dismantle the infrastructure behind OTP relay attacks. By recognizing website GUI as copyrightable and treating cloud platforms as enablers of fraud, the Court has provided a new blueprint for IP enforcement in the digital age. This case demonstrates how Indian courts are now actively integrating cybercrime and IP protection to safeguard online businesses.

10 min read
Copyright

Copyright Infringement in India: A Practical Legal Guide

Understanding copyright infringement in India requires navigating complex principles like the originality threshold, the idea-expression dichotomy, and the scope of fair dealing. Courts assess infringement through the lens of a reasonable person, filtering out unprotectable elements such as historical facts or generic themes before comparing works. With the rise of digital piracy and AI, legal doctrines like dynamic injunctions and moral rights have become vital for creators. This guide breaks down the core legal frameworks that govern modern disputes, helping rights holders distinguish between actionable piracy and unavoidable similarities in shared subject matter.

12 min read
Copyright

Music Licensing in Restaurants: Bombay HC Injunction

A recent Bombay High Court order in Phonographic Performance Limited v. Trinetra Venture confirms that restaurants and public venues must obtain valid public performance licences to play music. Rejecting arguments against licensing obligations, the court clarified that playing sound recordings—whether via streaming services or radio—constitutes communication to the public under the Copyright Act, 1957. Hospitality operators often mistakenly believe consumer streaming subscriptions suffice for commercial use, but this ruling underscores the necessity of dedicated performance rights. Businesses are urged to ensure compliance to avoid costly litigation and potential injunctions that threaten their operations.

12 min read
Copyright

India’s Copyright Act at 69: AI, Policy, and Future Horizons

As India commemorates the enactment of the Copyright Act, 1957, the legal system faces unprecedented pressure from generative AI and platform liability challenges. With major cases like ANI v. OpenAI and the Thaler DABUS authorship dispute ongoing, we analyze whether the current statutory framework—last amended in 2012—can withstand the digital age. This article explores the tension between Section 52 fair dealing provisions and the need for legislative clarity, while questioning the long-term impact of the current intermediary liability gap. Discover what these developments signal for India's creative economy and its future IP strategy.

11 min read
Copyright

Copyright Registration vs. Ownership: The Heineken Tiger

Is a copyright registration proof of ownership? The Delhi High Court’s ruling in Heineken Asia Pacific v. Vijay Keshav Wagh confirms that copyright registration is merely an administrative record of a claim, not a definitive verdict on originality. This case highlights the critical importance of the proviso to Section 45 and the necessity of mandatory search certificates when registering label artwork. We examine why copyright and trademark law are not mutually exclusive and how brand owners can rectify a falsely obtained registration. Protect your intellectual property by understanding these essential legal safeguards today.

8 min read