Copyright Law in India

In: Other Topics

Submitted By aishwaryaratna
Words 7384
Pages 30
I. Introduction
During the early days of computer industry, the software came integrated with hardware. The issue of intellectual property remained confined to hardware only. All this changed during the sixties when software was unbundled from hardware. This gave rise to independent software vendors (ISVs) and the production of standard and custom operating systems, as well as independent applications software’s. Rapid diffusion of low-cost desktop or personnel computer (PC) in late seventies and eighties opened up huge opportunities for ISVs. The software industry gradually increased in terms of overall trade, production and consumption. In 1990s, the widespread diffusion of the Internet created new channels for low-cost distribution and marketing of packaged software, reducing the barriers to entry into the packaged software industry. It also expanded the possibilities for rapid penetration of markets by packaged software products. This rapid increase in consumption of software and easy penetration of market through Internet resulted in increased software piracy, creating a big market in pirated software. According to estimates the global rate of piracy was 59.9% in the year 2010 that means out of the total software sold worldwide 59.9% was fake. Piracy causes huge losses of revenues to software companies every year.
This has made the issue of intellectual property protection for software all the more important. The software is a complex product, which has given rise to a totally different kind of industry in which the input and the output consist of intangibles. The ownership of intellectual property in software industry influences the returns to investments, and the market structure. How best to protect and regulate ownership of intellectual property? The issue of software patenting has thus attracted considerable attention and debate.…...

Similar Documents

Pollution Laws India

...Pollution Control Laws in India Contents THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS ACT, 1977 2 THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 7 HAZARDOUS WASTE (Management and Handling) RULES, July 1989 9 THE NOISE POLLUTION (Regulation and Control Amendment) Rules 2005 (2000, 2005, 2006, 2010) 11 References: 12 THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS ACT, 1977 The following Act of Parliament received the assent of the President on the 7th December, 1977, and is hereby published for general information:-- An Act to provide for the levy and collection of a cess on water consumed by persons carrying on certain industries and by local authorities, with a view to augment the resources of the Central Board and the State Boards for the prevention and control of water pollution constituted under the Water (Prevention and Control of Pollution) Act, 1974. Be it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows :-- 1. SHORT TITLE, EXTENT, APPLICATION AND COMMENCEMENT (1) This Act may be called the Water (Prevention and Control of Pollution) Cess Act, 1977. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) Subject to the provisions of sub-section (2), it applies to all the States to which the Water (Prevention and Control of Pollution) Act, 1974 applies and the Union territories. (4) It shall come into force on such date as the Central Government may, by notification......

Words: 4055 - Pages: 17

Software Copyright Piracy & Laws

...Software Copyright Piracy & Laws | Business Law | | This paper contains both recent and past accounts of software piracy cases. Also within the contents are definitions of what software piracy is and what has and can be done to help stop copyright infringement. | | Brandon Sampsell | 4/19/2012 | | Software Copyright Piracy & Laws The definition of software piracy is the illegal copying of software for commercial or personal gain. Software companies have tried many methods to prevent piracy, with varying degrees of success. Several agencies like the Software Publishers Association and the Business Software Alliance have been formed to combat both worldwide and domestic piracy. Software piracy is an unresolved, worldwide problem, costing millions of dollars in lost revenue. In a more recent case, the case of Universal Music Australia Pty Ltd v Sharman License Holdings Ltd (2005) 220 ALR 1 was high-profile Australian litigation involving music labels suing the developers and distributors (collectively referred to as "the Sharman parties") of software that enabled access to the Kazaa a p2p network. The software, which was made available for free, enabled users to upload and download digital files like music files or data files. However, unlike earlier p2p networks the Kazaa network did not require operation through centralized servers, nor physical involvement in the transmission of the files. The essence of the litigation concerned the......

Words: 2318 - Pages: 10

Tax Laws India

...Course Title TAX LAWS-II Courses with Numerical focus Course Planner 17055::Shikha Bhasin Lectures 4.0 Tutorials Practicals Credits 1.0 0.0 5.0 TextBooks Sr No T-1 Title Indirect Taxes Laws & Practice, Reference Books Sr No R-1 R-2 Other Reading Sr No OR-1 OR-2 OR-3 OR-4 OR-5 OR-6 OR-7 OR-8 Journals articles as Compulsary reading (specific articles, complete reference) Mohan Rajat "Service Tax Planning- Limits of Management Consultancy Services" [ consultancy-services-4073.asp] , Thakur Pradeep & Dhawan Himanshi, "ED asks for CWG broadcast contract details" Times of India, Nov 11, 2010 [ for-CWG-broadcast-contract-details/articleshow/6904772.cms] , Bhalla Monish "Unprofessional Service Tax rules for certain professionals" on 04 November 2010 [] , CA. Mohan Rajat "GST recent developments" [] , Singh Kumar Dheeraj "Historical Background of VAT" [] , By Mahony,Megan , Journal of State Taxation. Nov/Dec 2012 Vol 31 Issue , P 15-18 4P- An recent activity related to sales Tax , By Piquado ,Paul , Federal register 10/22/2012, Vol 77 Issue 204 P 64468-64471- Circular welded carbon - Quality steel pipe from India :final......

Words: 3216 - Pages: 13

Law Reporting in England and India

...History and Development of Law reporting in England and India Name: Amitav Singh Roll No. 740 Semester: 2nd History and Development of Law reporting in England and India “It is not open to the courts in India to question any principle enunciated by this Board, although they have a right of examining the facts of any case before them to see whether and how far the principle on which stress is laid, applies to the facts of the particular case. Nor it is open to them on account of “judicial dignity” or otherwise, to question its decision on any particular issue of facts” -Mata Prasad v. Nageshwar Sahai, 52 IA, 398, 417 Introduction: In England, the gradual development of the art of law reporting reflects the growth of the authority of precedent. A court is usually bound by the ratio decidendi of a case which is decided by a higher court, but in case of House of Lords and Court of Appeals they are bound by their own decisions. In several cases, such as, Scruttons, Ltd. v. Midland Silicones Ltd. it was......

Words: 3757 - Pages: 16

Constitutionality of Customary Law in India

...CONSTITUTIONALITY OF “CUSTOMARY LAWS” IN INDIA. Introduction. There is no universally accepted definition of customary law. Black’s Law Dictionary defines customary law as “customs that are accepted as legal requirements or obligatory rules of conduct, practices and beliefs that are so vital and intrinsic a part of a social and economic system that they are treated as if they are laws. Tobin and Taylor add to this the recognition that such legal regimes are dynamics and constantly evolving and often at all provide a still broader definition of customary law, stating that: “Customary Laws include customary worldviews, principles or values, and codes of conduct, and established practices. They are enforced by community institutions, and can have sanction attached. They are divided from natural resource use – some practices and beliefs acquire the force of law. They are locally recognized, orally held, adaptable and evolving.” Historically, the relative influence of each of natural law, customary law and positive laws has fluctuated throughout time and space. The strong emphasis on positive law in the field of international law during the 18th century led to a decline in the persuasion of natural law and the customary law in the western world. In particular, the doctrine of terra nullius serve to reduced indigenous rights and delegitimize their customary law. Across much of the globe, there has been increasing awareness of the significant role of the customary law in......

Words: 7596 - Pages: 31

Modern Family Law in India

...Modern Family Law: Changing attitudes and Agendas in the Personal Laws and the Uniform Civil Code Introduction: In the current modern state the need for a legal centralism is required. The dominant legal model of the uniform legal system brings out the modern State and the attitude of the people. India is one of the many countries in which the uniform legal system has gained such momentum maybe not in implementation but has gained much interest in a heated political debate. Article 44 of the Constitution of India, 1950 has anticipated the eventual implementation of the uniform legal system. Article 44 in the constitution of 1950, reads, “Uniform Civil Code for the citizens of India- the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.” But the much anticipated eventuality has been a distant dream since the past 60 years. India is known for its socio-economic diversities and inequalities. India is one of the most diverse democracies of the world. India’s secularism which is enshrined in the preamble of the constitution is not an anti-religious policy but outlook to frame the country into one entity. India’s pluralism is linked with how the Hindu culture has never been mono-cultural or monotheistic. India’s democracy also aims at providing all citizens equal rights; this premise is based on treating equals equally. There are many shifting agendas in the personal laws in India. People’s outlook towards bigamy ,......

Words: 3428 - Pages: 14

How Copyright Laws Are Contracting Our Economy

...Zack Fellows Professor Gilliard English 1190 M/W 1200-155 How Patent and Copyright Laws are Contracting our Economy Patent and copyright laws have played a very intricate role in the United States economy all throughout our history. Most recently, they have played a very crucial role in protecting intellectual property, distinct types of creations of the mind for which a set of exclusive rights are recognized under corresponding fields of law. When the United States put into agreement the North American Free Trade Agreement(NAFTA) , and opened up a lot of our trade barriers with countries all of the world, the key idea was that we were going to begin to change the face of our economy. We were going to do this by profiting off of our intellectual property and enforcing our strong patent and copyright laws around the world while slowly ridding ourselves off our manufacturing base. As the years passed, patent and copyright applications soared through the roof and it seemed as if the idea of intellectual property was working very efficiently. Innovation seemed to be coming from everywhere as there was a high motive to be able to patent or copyright your idea and make heavy profits. This innovation was a crucial part in the rapid expansion of our economy during the 1990’s, but soon this expansion came to a halt. This is heavily due to the fact of the enormous number of patents and copyrights that are being issued: over 240,000 in 2010, which in turn is hindering people’s......

Words: 3176 - Pages: 13

Copyright Laws

...Will Dickey FYS 183 Copyright Law Music creativity At the young age of 12, my mom bought me a brand new stereo system for Christmas. Unbeknownst to her, the gift came hidden with a special perk that allowed me to record my favorite songs from the radio onto cassette tapes that I could give away to my friends or use to make my own mix tapes. I made a hobby of recording my favorite songs and remixing them with songs of a different genre. Five years later I became a professional DJ, using more sophisticated tools of course, but with the same creativity I had garnered from the cassette recordings. Had my mother known that she would be supplying her son with the equipment to become a copyright criminal, she probably would have thought twice about her gift and I would’ve never had the opportunity to discover my musical potential. Copyright laws in the music industry need to be changed, to allow everyone, including artists, to combine their talents with the efficiency of the Internet. In the remix culture of today, everyone has an inner-DJ. Music sharing has grown drastically from sharing cassette tapes, to burning CD’s, to p2p networking. People all over the world now share and create new music, while breaking copyright laws and industry codes in the process. Aware of their crimes or not, Internet music sharing has quickly become a competitor with the large music industry and this needs to be addressed. As Lessig proved in his book “Free Culture”, technology has......

Words: 1915 - Pages: 8

Writeup on Copyright Law

...INDIAN COPYRIGHT ACT, 1957 CONTENTS Introduction 3 Need for Copyright Protection 3 Scope of Copyright 4 Indian Copyright Act, 1957 5 Remedies 10 Cases 12 Conclusion 14 Bibliography 14 INTRODUCTION The world has entered an era of instant communication. A person sitting in the remotest corner of India can enjoy a live performance taking place anywhere in the world thanks to electronic (parallel) media. Telephone and fax have made it possible to communicate oral or written messages across the globe within seconds. Computer-aided communication technologies such as E-Mail and Internet have added an altogether new dimension to today's communication process by making it more speedy, informative and economical. The mode of communication of different types of information has also undergone a sea change. While all these have made communication among people more effective and efficient both in terms of time and cost, they pose a threat in terms of copyright infringement. Modern communication channels, being intensively relying on a variety of copyrighted products, are liable to be pirated on a large scale if adequate precautions are not exercised. Need for Copyright Protection Copyright is the right given by law to the creators of literary, dramatic, musical and a variety of other works. It ordinarily means the creator alone has the right to make copies of his or her works or alternatively, prevent others from making copies of the same. The basic......

Words: 4759 - Pages: 20

Copyright Law and Aereo Inc

...I. INTRODUCTION The Copyright Act endows copyright holders the “‘exclusive’ rights to use and to authorize the use of his work in five qualified ways, including reproduction of the copyrighted work in copies”. Such act provides the copyright owner potential remedy in such a way that they are able to request an injunction, the destruction of reproduced product and additional damages or profits obtained from the infringement of such rights. The Copyright Act does not render individuals responsible for the acts of another as long as there is no knowledge or contribution towards a violation, the law clearly states, "one who, with knowledge of the infringing activity, induces, causes or materially contributes to the infringing conduct of another, may be held liable as a 'contributory' infringer." This is to say that if such party was providing individuals with the ability to violate copyright laws and they were fully aware that such activity could take place they are equally responsible for the infringement. Within the context of the Sony Corporation v Universal City Studio, Inc. the ability that Sony was allotting to their clients by being providing theim a mechanism that would intergrate to their existing home entertainment system and be able to record programs from their home without the need of additional services from a third party made Sony indirectly liable for the copyright infringements. Furthermore the statutes within the 1976 Copyright Act does not make an exemption to...

Words: 2567 - Pages: 11

Ip Law in India

...I M UNI CH Intellectual Property Law in India December 2013 © Copyright 2013 Nishith Desai Associates Intellectual Property Law in India About NDA Nishith Desai Associates (NDA) is a research based international law firm with offices in Mumbai, Bangalore, Silicon Valley, Singapore, New Delhi, Munich. We specialize in strategic legal, regulatory and tax advice coupled with industry expertise in an integrated manner. We focus on niche areas in which we provide significant value and are invariably involved in select highly complex, innovative transactions. Our key clients include marquee repeat Fortune 500 clientele. Core practice areas include International Tax, International Tax Litigation, Litigation & Dispute Resolution, Fund Formation, Fund Investments, Capital Markets, Employment and HR, Intellectual Property, Corporate & Securities Law, Competition Law, Mergers & Acquisitions, JVs & Restructuring, General Commercial Law and Succession and Estate Planning. Our specialized industry niches include financial services, IT and telecom, education, pharma and life sciences, media and entertainment, gaming, real estate and infrastructure. IFLR1000 has ranked Nishith Desai Associates in Tier 1 for Private Equity (2014). Chambers & Partners has ranked us as # 1 for Tax, TMT and Private Equity (2013). Legal Era, a prestigious Legal Media Group has recognized Nishith Desai Associates as the Best Tax Law Firm of the Year (2013). Legal 500 has...

Words: 27779 - Pages: 112

Copyright Laws and Intellectual Property

...Some companies devise their formulas that have economic value as much as they would come up with new methods and processes. These inventions must not be used by any one wilily-nilly; this calls for laws to protect such innovations and intellectual properties. This has led to copyright laws and property or intellectual rights. A copyright law is a set of rules and regulations that protects a person or organization’s unique creation of invention or innovation against copying and abuse or other forms of illegal usage. The issue is that if a person has used his resources and expertise and knowledge to create a new item, no one must benefit from that item without the authorization of the inventor. In order to avoid illegal usage of another person’s property there is need for legislation to enforce compliance. The use of the property must be done with the authorization of the inventor or the creator. Some people want to be paid for the effort they would have put and the resources they would have used to come up with such an asset. Copyright laws are important because they regularize the usage of a person’s intellectual property. This is essential in business today. In the same category as the copyright laws is the intellectual property right. If there has not been property right and copyright organizations and people would use other people’s property without paying for it. That may also lead to tarnishing of other people or organizational images. Let us take an example of a trade......

Words: 1192 - Pages: 5

Laws of Prostitution in India (1940-1960) in Hebrew

...לתחילת תהליך של הגדרה. -------------------------------------------- [ 1 ]. Ashwini Tambe. "Codes of Misconduct: Regulating Prostitution in Late Colonial Bombay". U of Minnesota Press (2009). pp. 29-30 [ 2 ]. דבורה ברנשטיין "השלטון הקולוניאלי והקהילה הלאומית: חוק מדינתי ופרשנות קהילתית של תופעת הזנות בארץ ישראל – פלשתינה" מחקרי משפט כ"ה 7 (2009). עמ' 34. [ 3 ]. Tambe p. 28 [ 4 ]. Edited by Rohini Sahni, v. Kalyan Shankar, Hemant Apte. "Prostitution and Beyond: An Analysis of Sex Work in India. SAGE Publications India. (2008) pp. 209-210. [ 5 ]. רחל פייג – וישניא "הקדמה: בנות אפרודיטה- זנות וזונות בעולם העתיק'" זמנים 90 6 (2005). [ 6 ]. V. Sithannan, V. Sithannan, B.Sc., M.L., "Immoral Traffic - Prostitution in India". JEYWIN Publications. (2006) pp. 18-19 [ 7 ]. V. Sithannan, V. Sithannan, B.Sc., M.L., pp. 20-21 [ 8 ]. Tambe. Pp 129-130 [ 9 ]. Edited by Rohini Sahni, v. Kalyan Shankar, Hemant Apte. Pp. 213-214 [ 10 ]. Dr. A.K. Shukla. " Women Chief Ministers in Contemporary India". APH Publishing. (2007) p. 64 [ 11 ]. Edited by Rohini Sahni, v. Kalyan Shankar, Hemant Apte. Pp. 213-214...

Words: 966 - Pages: 4


... Copyright laws were created to protect the rights of copyright owners. They are designed to prevent the unauthorized use of materials without the permission of the copyright holder (Bitlaw, 2010). There are five exclusive rights covered under the Copyright Act (Bitlaw, 2010). Though all of the rights may not directly pertain to all web site development, it is imperative for web site designers to be familiar with the Act to avoid violating any part of it intentionally or unintentionally. The five exclusive rights are; the right to reproduce, the right to prepare derivative works, the right to distribute copies, the right to perform, and the right to display (Bitlaw, 2010). The right to reproduce belongs to the copyright holder (Bitlaw, 2010). This means the copyright holder is the only person that has the legal right to reproduce or copy any part of the work (Bitlaw, 2010). The right to prepare derivative works is the same as reproducing in a sense, but it is regarding transferring the copy written information to another form such as video or film (Bitlaw, 2010). The copyright holder is the only person that can legally distribute the crated material as well as perform publically any part of the work (Bitlaw, 2010). The copyright law covers most works imaginable including literary work, graphics, art, choreography, music, and theatrical performances (Bitlaw, 2010). Web designers can take steps to avoid violating any part of the copyright laws. When......

Words: 466 - Pages: 2

Law Reforms and Commissions in Pre- Independant India

...Law reforms and law commissions in pre-independent India Introduction to law commissions- an important step towards fulfilling the goal of securing a uniform and simple system of law in India through the process of comprehensive consolidation and modification, to advise the newly created legislative council on matters of law, and to integrate and organize the scattered, conflicting and incoherent system of regulation into a general system of codes, was taken by the charter act of 1833 when it made provisions in section 53 for the appointment of a law commission in India. The section in question recited that it was “ expedient that , subject to such special arrangements as local circumstances may require , a general system of judicial establishment and police “ applicable to all persons and classes of inhabitants , should be establishes in British India , and that “such laws as may be applicable in common to all classes of the inhabitants “ , “due regard being had to the rights, feelings and peculiar usage of the people , should be enacted , “and that “and laws , and customs having the force of law” in British India should be ascertained , consolidated and amended . accordingly, it was enacted that the governor general in council should as soon as convenient as soon as passing the act issue a commission to such persons as the court of directors with the approbations of the Board of Commissioners “shall recommend ate for that purpose and to such other persons, if necessary......

Words: 1890 - Pages: 8