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Category: Copyright

Copyright

DABUS Rejected: Indian Copyright Office Denies AI Authorship

The Registrar of Copyrights has formally rejected the application naming an AI system, DABUS, as an author, reaffirming that statutory authorship under the Copyright Act 1957 is strictly reserved for legal persons. While algorithmic outputs may satisfy the originality standard under the Modak precedent, the person who initiates the creative process must be identified as the author. The order underscores that artificial intelligence lacks the legal personality necessary to hold property rights, and any attempt to grant such status remains a matter for Parliamentary legislative reform.

7 min read
Copyright

The Cinema Resource Centre: Madras HC on Copyright Proof

The Madras High Court has established that possession of photographic materials does not equate to ownership of copyright. In a ruling concerning historical film assets, the court denied injunctive relief because the plaintiffs failed to produce a written assignment proving a clear chain of title. This case serves as a critical precedent for IP practitioners, emphasizing that without valid legal instruments as per Section 17 of the Copyright Act, claimants cannot sustain a declaration of ownership. Establishing the initial authorship and the subsequent transfer of rights is non-negotiable in copyright litigation.

7 min read
Copyright

Vishesh Pictures v. BSNL: Madras HC Extends Dynamic Blocking Net

The Madras High Court’s decision to grant a dynamic blocking order against internet service providers underscores the judiciary's proactive stance in protecting cinematographic intellectual property. By invoking Section 13(1)(b) and Section 51 of the Copyright Act 1957, the court recognized that the immediate restraint of rogue websites is essential to preventing irreparable harm. This case serves as a vital precedent for IP lawyers, highlighting that comprehensive evidentiary schedules and precise adherence to Order XXXIX of the Civil Procedure Code are critical to securing effective interim relief.

6 min read
Copyright

Aamir Khan Productions v. BSNL: Madras HC Grants Dynamic Injunction

The Madras High Court has issued a landmark dynamic injunction to combat film piracy, ordering multiple internet service providers to block access to both existing and future unauthorized mirror websites hosting copyrighted content. Grounded in Section 51 of the Copyright Act 1957, this ruling confirms that the Central Board of Film Certification (CBFC) certificate serves as prime facie evidence of ownership. Practitioners should utilize broad, future-facing prayer clauses to effectively neutralize digital piracy and prevent the persistent migration of infringing content to new domain names.

7 min read
Copyright

Copyright Law in India: Section 13 Originality and Fair Dealing

Copyright law in India protects the expression of ideas rather than ideas themselves, requiring a modicum of creativity to meet the statutory threshold for originality under Section 13. As established by Supreme Court precedent, originality is determined by the author's skill and labour, distinct from the mere sweat of the brow. Fair dealing provisions under Section 52 provide necessary exceptions for research and academic use, provided they do not infringe upon the owner's commercial rights. Understanding these principles is essential for balancing creator incentives with public access in the digital landscape.

13 min read