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    “In Defence of Copyright”: My Book is Now Available

    • 05.08.2023
    • By Hugh Stephens

    I am pleased to announce that my book, “In Defence of Copyright”, published by Cormorant Books in Toronto, is now available to pre-order through local bookstores, Indigo (stores and online) in Canada, and online through Amazon, and will be in stores as of August 19.

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    THE IMPLICATIONS OF RDB & CO. V. HARPERCOLLINS INDIA JUDGEMENT AND THE POSSIBLE NEED TO REVISIT THE DEFINITION OF A ‘CINEMATOGRAPH FILM’

    • 30.06.2023
    • By Siddhant Sanghavi

    On the 23rd of May, Justice C. Hari Shankar of the Delhi High Court while dealing with the matter of RDB and Co. v. Harper Collins India Pvt. Ltd. regarding the ownership of copyrights to the screenplay of 1996 film ‘Nayak’ held that the first owner of the copyright would be Satyajit Ray and therefore, the copyright was vested in his son Sandip Ray and the SPSRA (Society of Preservation Satyajit Ray Archives). Read judgment here.

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    DR. G.R. RAGHAVENDER: FUTURE OF INDIAN COPYRIGHT LAW IN THE FACE OF THE EMERGING DISRUPTIVE TECHNOLOGIES

    • 23.06.2023
    • By Dr. G.R. Raghavender

    21st June is the eleventh anniversary of the Copyright (Amendment) Act 2012 (Act 24 of 2012) coming into force after it was notified in the Gazette by the Central Government on June 21, 2012. It was earlier passed unanimously by the Indian Parliament on May 22, 2012, and received presidential assent on June 7 of the same year.

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    CINEFIL PRODUCERS PERFORMANCE LIMITED RECEIVES REGISTRATION AS A COPYRIGHT SOCIETY FOR CINEMATOGRAPHIC FILM WORKS

    • 23.04.2023
    • By Anushree Rauta

    An author of a cinematographic film under Section 2 (d)(v) is a producer. Section 35 of the Copyright Act requires that every copyright society shall be subject to the collective control of author and other owner of rights under the Act whose rights it administers.

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    SAVAN DHAMELIYA- AI-GENERATED ART AND COPYRIGHT INFRINGEMENT

    • 19.04.2023
    • By Anushree Rauta

    The issue here is the challenges faced under the copyright law. Whether AI Generative Tools such as Midjourney use copies of the works present in their training data to create the resultant image and thereby infringe on any copyright vested with the author of such works.

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    Copyright Registration for AI-assisted Creations: How Much AI Input is Too Much?

    • 14.04.2023
    • By Hugh Stephens

    In December 2021, IP lawyer Ankit Sahni managed to register the artistic work Suryast, listing the AI-powered painting app RAGHAV as co-author.

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    Fair Dealing, Fair Use…and Fair Play

    • 23.02.2023
    • By Hugh Stephens

    We will hear a lot about the benefits of exceptions and limitations to copyright, how permissionless use under specific circumstances promotes learning, creativity, free speech, public discourse. etc. The focus will be on the users of copyrighted materials rather than on the creators of works. As a user and consumer of copyrighted materials, I can identify with these views, as I wrote on this blog a few years ago. (“Why this Copyright Blogger likes Fair Use and Fair Dealing”.)

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    Will the Year of the Rabbit be the Year of Contentious Copyright Litigation over AI-Generated Content?

    • 03.02.2023
    • By Hugh Stephens

    According to the Chinese zodiac, the Year of the Rabbit (this year) is supposed to represent “relaxation, quietness and contemplation”. This “Rabbit Year” is predicted to be “calm and gentle”. (Good news for the people of Ukraine, if true). However, when it comes to the thorny issue of copyright and content generated by artificial intelligence (AI), the Year of the Rabbit may end up being the Year of Contentious Litigation.

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    AI and Computer-Generated Art: Its Impact on Artists and Copyright

    • 28.10.2022
    • By Hugh Stephens

    If you are not an early tech adopter, you may not have heard of, or heard much about, DALL-E 2. Not being on the cutting edge of hi-tech myself this term had not crept into my consciousness until a couple of weeks ago, while I was up at my cottage north of Toronto enjoying the autumn foliage.

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    INDIAN WEDDING CEREMONIES COPYRIGHT INFRINGEMENT CASE: PPL WITHDRAWS SUIT IN VIEW OF AMICABLE SETTLEMENT; COURT APPOINTED EXPERT DR. ARUL GEORGE SCARIA’S REPORT TAKEN ON RECORD

    • 18.10.2022
    • By Anushree Rauta

    In the much-awaited decision which would have had a tremendous precedential value determining the scope of fair use exceptions of use of music in wedding ceremonies under Section 52(1)(za), the matter has been withdrawn by PPL in view of an amicable settlement...

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    DELHI HIGH COURT DIRECTS TELEGRAM TO DISCLOSE DETAILS ABOUT CHANNELS VIOLATING COPYRIGHT LAW- JUDGE SAYS THAT SERVERS BEING LOCATED IN SINGAPORE IS NOT A GET-OUT CLAUSE

    • 26.09.2022
    • By Anusha Das

    The issue is whether an intermediary such as Telegram can be directed to disclose the identity of the creators of the infringing channels engaging in unauthorisedly and disseminating the copyrighted works of another person.

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    DECRIMINALISATION OF OFFENCES UNDER THE COPYRIGHT ACT, 1957- NOT A BLOCKBUSTER MOVE- BY MRIDULA DALVI

    • 14.08.2022
    • By Anushree Rauta

    In the past two years, the Central Government has slowly but steadily moved towards the decriminalisation of offences based on industry feedback that antiquated laws hamper the ease of doing business in India.

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    Copyright’s International Conventions: The Importance of Membership Part II (The Rome Convention)

    • 11.08.2022
    • By Hugh Stephens

    Last month I wrote about the importance of international copyright treaties, using US accession to the Berne Convention as an example. United States accession was strongly supported by US copyright industries and has brought the US many benefits.

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    Copyright’s International Conventions: The Importance of Membership-Part 1 (The United States and the Berne Convention)

    • 12.07.2022
    • By Hugh Stephens

    Works protected in one country were not protected elsewhere, leading to “legalized piracy”. The best-known example of this is the legal reprinting, without permission, of British authors (such as the works of Charles Dickens) in the United States. This was legal because US copyright law protected only US authors prior to 1891. But this “legalized piracy” didn’t occur just in the United States.

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    COPYRIGHT AMENDMENT ACT 2012 TURNS 10!- INDUSTRY EXPERTS SPEAK

    • 22.06.2022
    • By Anushree Rauta

    A decade ago on this very day, the Copyright Amendment Act of 2012 came into effect. This amendment brought with it some sea changes which changed the landscape of the way the media and entertainment industry especially the music industry was functioning.

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    The Anti-Copyright Hyperbole Fails to Sway the Canadian Government

    • 02.05.2022
    • By Hugh Stephens

    Call it a victory for common sense. The Canadian Budget Implementation Bill, which includes needed amendments to the Copyright Act to implement Canada’s CUSMA treaty commitment to extend its term of copyright protection to bring it into alignment with its major trading partners, has now been tabled.

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    5 ways copyright laws encourage creativity

    • 28.04.2022
    • By MEI-LAN STARK, U.S CHAMBER OF COMMERCE

    In celebration of World IP Day, the U.S. Chamber of Commerce outlines five ways copyright can encourage young people to express their creativity.

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    Copyright References in the Budget: Good Intentions Are Welcome but Early Action is Needed

    • 17.04.2022
    • By Hugh Stephens

    Last week I discussed the copyright needle buried in the 2022 Canadian budget haystack, a reference to impending legislation to amend the Copyright Act to fulfill Canada’s obligation under the USMCA/CUSMA to extend its term of copyright protection from the life of the author plus 50 years to “life plus 70”. The amendments will be tacked on as part of the 2022 Budget Implementation Bill along with a number of other measures unrelated to the budget

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    RMPL vs PPL: DELHI HIGH COURT AS A PRO-TEM MEASURE REINSTATES RMPL AS A COPYRIGHT SOCIETY FOR SOUND RECORDINGS WHILE AT THE SAME TIME DIRECTING GOVERNMENT TO CONSIDER PPL’S APPLICATION

    • 16.04.2022
    • By Anushree Rauta

    Delhi High Court vide its order dated April 11, 2022 granted relief to both RMPL and PPL in their conflict over registration as a copyright society...

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    The Humanity of Copyright

    • 28.03.2022
    • By Hugh Stephens

    Recently the US Copyright Office (USCO) reaffirmed its longstanding position that human authorship is a pre-condition for recognition of copyright, despite being pushed hard by a particular protagonist within the tech community to accept artificial intelligence (AI) in the form of a machine (NB his machine) or software as a creator with rights.

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    BREAKING: DELHI HIGH COURT REVIVES PPL’S APPLICATION FOR REGISTRATION AS A COPYRIGHT SOCIETY, SETS ASIDE RMPL’S REGISTRATION

    • 12.03.2022
    • By Anushree Rauta

    The Court has further asked the Government to undertake this whole exercise within a reasonable time and the outcome be communicated to PPL. Read order here.

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    63 Of Copyright Act Is Cognizable Offence, Police Can Register FIR On Receipt Of Complaint: Karnataka High Court

    • 06.02.2022
    • By Aviral Srivastava

    The Karnataka High Court has held that Section 63 of the Copyright Act, which prescribes a punishment of minimum 6 months that may extend to 3 years imprisonment, is cognizable offence and police can register a First Information Report, on receipt of a complaint.

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    Winnie the Pooh, the Public Domain and Winnie’s Canadian Connection

    • 28.01.2022
    • By Hugh Stephens

    The “hook” this year is the fact that A.A. Milne’s first Winnie-the-Pooh book, published in 1926, is now in the public domain in the US. In Canada, the CBC jumped on this story, notwithstanding the fact that the work has been in the public domain in Canada since 2007.

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    If China joined the CPTPP, what would this mean for Copyright Industries?

    • 27.01.2022
    • By Hugh Stephens

    China surprised many in the trade policy world last September by formally applying for membership in the 11 country “Comprehensive and Progressive Trans-Pacific Partnership” (CPTPP), the trade agreement that rose like a phoenix from the ashes of the 12 country Trans-Pacific Partnership (TPP).

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    How Can News Publishers Best Protect Their Content? The US Copyright Office Explores Options

    • 07.01.2022
    • By Hugh Stephen

    This past October, the US Copyright Office (USCO) announced it would be undertaking “a public study to evaluate the effectiveness of current copyright protections for publishers in the United States, with a focus on press publishers.” 

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    COPYRIGHT AND THE “BUSINESS OF ISSUING LICENSES”: IP’S LEVIATHAN FROM INDIA- Analysis of the Madras HC judgment in Novex Communications Pvt. Ltd. v. DXC Technology and ors.

    • 07.01.2022
    • By Akshat Agarwal

    In a very interesting precedent from the Madras High Court, M/s Novex Communications Pvt. Ltd., a company which sometimes acts as an “agent” and sometimes “owner” of the right to “on ground performances” of the catalogues of several music labels, has lost its motion

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    Some Copyright Highlights in 2021-Around the World and in Canada

    • 07.01.2022
    • By Hugh Stephens

    It seems as if it was only a few weeks ago that I was writing a similar summary for 2020, the “annus horribilis” when COVID first hit us, but in fact it was 51 weeks ago yet many of the same pandemic and copyright-related issues that I wrote about last year are still with us, albeit in somewhat modified form. 

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    REMAKE RIGHTS UNDER INDIAN COPYRIGHT LAW: INTRICACIES AND IMPLICATIONS OF MADRAS HC’S ‘VAALEE’ VERDICT

    • 07.01.2022
    • By Lokesh Vyas

    All authors can be owners but not all owners can be authors, except producers. You may mind – why producers are more equal than others, or more subtly, why do they get such peachy privilege?

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    What Lies Ahead for Canada in 2022 from a Copyright and Content Perspective?

    • 06.01.2022
    • By Hugh Stephens

    As Hugh Stephens noted in his year-end wrap up a couple of weeks ago, some of the copyright and content related issues that were under discussion in Canada in 2021 will likely move forward in a more aggressive way this year.

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    Insights from Industry Insiders: James Dickinson, Chief Executive of Screenrights

    • 11.12.2021
    • By Content Cafe

    Piracy was actually core to the appointment of Screenrights in our original capacity. Screenrights licences were created so that teachers were no longer pirating when they copied television shows for class. The provision was created under the Copyright Act.

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    AIFCC FILES APPLICATION FOR REGISTRATION AS A COPYRIGHT SOCIETY FOR ALL UNDERLYING WORKS IN A CINEMATOGRAPH FILM/ SOUND RECORDING

    • 06.11.2021
    • By Anushree Rauta

    The Copyright Office vide public notice dated October 27, 2021, notified that the All India Film Chamber of Commerce (AIFCC) has filed an application for registration as a copyright society under Section 33 of the Copyright Act, 1957 for carrying out business of issuing or granting license in respect of creative works i.e., literary, dramatic, musical and artistic works incorporated in cinematograph films or sound recordings.

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    Thank You Professor! “Explaining” Section 230 to Canadians

    • 04.10.2021
    • By Hugh L. Stephens

    Section 230 of the CDA provides that internet intermediaries (internet platforms, websites, social media services) are not liable in civil law for content posted by users.

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    IPRMENTLAW WEEKLY HIGHLIGHTS (September 21st to September 26th)

    • 27.09.2021
    • By Sudarshan Mohta

    Twitter appoints personnel in compliance of with new IT Rules.

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    REVISITING SETTLED TENETS OF INDIAN COPYRIGHT LAW: ALLAHABAD HC’S REFUSAL TO STAY RELEASE OF THE FILM ‘CHEHRE’

    • 15.09.2021
    • By Angad Makkar

    This decision of the Allahabad High Court helps fortify settled tenets of Indian copyright law while also providing further clarity on the relevant factors to be accounted for by a court of law while dealing with alleged copyright infringement at the interim stage.

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    Some Reflections on What Can—and Cannot—Be Protected by Copyright

    • 14.09.2021
    • By Hugh L. Stephens

    How could this set of instructions outlining and illustrating a sequence of exercises be subject to copyright protection?

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    Supreme Court of Canada Decision Undermines Canada’s Collective Licensing System: A Parliamentary Fix is Needed

    • 03.08.2021
    • By Hugh Stephens

    On July 30 the Supreme Court of Canada (SCC) delivered what can only be described as body blow to the management of collective rights in Canada, although the collective society at the centre of the action, Access Copyright, found some comfort, pointing out in its press release that the Court “refuses to legitimize uncompensated copying by the education sector”.

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    The American Music Fairness Act (AMFA): A Better and Fairer Solution for Performers than Seeking “National Treatment”

    • 27.07.2021
    • By Hugh Stephens

    What is unfair–from the perspective of performers and record labels–is that US terrestrial radio stations are not required to pay royalties to performers or labels for playing recorded music on air.

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    Insights from Industry Insiders: Eileen Camilleri

    • 20.07.2021
    • By Eileen Camilleri

    The biggest impact of piracy, unfortunately, is a financial one. It is already difficult for creatives to earn a living through their work and piracy makes it that much harder. Less money flowing to creatives means less resources and opportunity for cultural goods which is a net loss to society as a whole.

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    Negotiating Payment for Use of News Content on Dominant Internet Platforms: What’s Needed to Reach a Fair Deal?

    • 14.07.2021
    • By Hugh Stephens

    Given a choice between reaching “voluntary” agreements with news publishers for use of news content online and being compelled to do so by government, the dominant internet platforms (Google, Facebook) are now doubling down on negotiations with news providers.

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    The USMCA/CUSMA is One Year Old: What Has Been its Impact on Copyright, Content and Canada-US Cultural Relations?

    • 06.07.2021
    • By Hugh Stephens

    July 1, apart from marking the 154th Canada Day, was the first anniversary of the entry into force of the “new NAFTA”, now labelled the USMCA (the US-Mexico-Canada Agreement).

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    Copyright Enforcement In A Digital Era

    • 24.06.2021
    • By Thomas Dillon

    In an engaging conversation with Mr. Ameet Datta, Partner, Saikrishna & Associates, Mr. Dillon highlighted WIPO’s role and various initiatives to support enforcement of copyright and protection and promotion of creative industries.

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    ISP Teksavvy’s Appeal Against Pirate Site-Blocking Order is Dismissed in the Canadian Federal Court.

    • 10.06.2021
    • By Hugh Stephens

    In a unanimous decision, on May 26 Canada’s Federal Court of Appeal (FCA) dismissed the appeal by internet service provider (ISP), Teksavvy, against Canada’s first site blocking order for copyright infringement issued in November 2019

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    Site-blocking for “Online Harms” is Coming to Canada: Similar Measures to fight Copyright Infringement Should Follow

    • 03.06.2021
    • By Hugh Stephens

    Heritage Minister Steven Guilbeault is steaming full speed ahead with his strategy to get his arms around large internet platforms that deliver, or facilitate the delivery of, content to Canadians.

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    Should User-Generated Content (UGC) be Exempt from Law and Regulation? Should Internet Platforms Bear any Responsibility for UGC they Distribute?

    • 24.05.2021
    • By Hugh Stephens

    Should user-generated content (UGC) on social media platforms be free from any regulation and the rule of law, simply because it is user-generated?

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    Even After Passage, EFF Keeps Spinning CASE Act Fictions

    • 20.05.2021
    • By CreativeFuture

    If the staff of the Electronic Frontier Foundation (EFF) ever decide to quit their day jobs protecting Big Tech interests, we’d wager that they would have a bright future in fiction writing.

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    Streaming pirates and broadcasters have a lot in common – with one big difference

    • 06.05.2021
    • By Damien Bidmead

    Contrary to the popular saying, crime does sometimes pay.

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    Setting the Stage: What It Takes to Support a Thriving Creative Economy

    • 04.05.2021
    • By Karyn A. Temple & Mitch Glazier

    Throughout April 2021, the Global Innovation Policy Center hosted a series of events focused on ecosystems for innovation, creativity, and craftsmanship.

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    SMEs and IP: The Biggest Challenge For Many Small Businesses—Protecting their Intellectual Property

    • 30.04.2021
    • By Hugh Stephens

    This year the theme for World Intellectual Property (IP)Day, April 26, is “SMEs and IP”.

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    Charles Rivkin Remarks at the Federation of Indian Chambers of Commerce and Industry (FICCI) Frames

    • 28.04.2021
    • By Creative First

    Thank you, Uday, and thank you, FICCI, for inviting me to Frames. It’s an honor to speak before such a vibrant […]

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    Towards IP Courts

    • 13.04.2021
    • By GR Raghavender

    G.R. Raghavender, Joint Secretary - Department of Justice, Minustry of Law & Justice in conversation with Ameet Datta

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    Dissolution of the IPAB

    • 01.04.2021
    • By Ameet Datta

    Copyright Industries- Caught between a rock and a hard place?

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    We Are Making Progress On Copyright Policy, But Big Tech’s Piracy Narrative Is Still Broken

    • 06.03.2021
    • By Ruth Vitale

    How do you change the minds of people who clearly love creative content – but think it’s okay to steal what they love?

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    Viola Desmond and Her Story of Courage and Creativity—And Some Thoughts on Race and Copyright

    • 01.03.2021
    • By Hugh Stephens

    In this week’s blog post I am going to address the central issue of what Black History Month is all about; […]

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    How the WTO Helped to End Sports Broadcast Piracy in the Middle East

    • 01.08.2020
    • By Hugh Stephens

    These days the World Trade Organization (WTO) is facing many challenges. To say that it has fallen out of favour with the Trump Administration would be an understatement.

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    Back to School: How a Pulitzer-Winning Photographer Took Copyright Law into His Own Hands

    • 24.07.2020
    • By Justin Sanders

    For most creatives, when faced with the pervasive problem of litigating infringement of their work, the solution is to hire a lawyer. For photographer Earl Richardson, the solution was to become a lawyer himself.

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    World IP Day: Time to Forge a Global Solution to a Global Problem (Blocking of Pirate Streaming Sites)

    • 21.04.2020
    • By Hugh Stephens

    I am writing today to mark World IP Day, April 26 and, as part of this salute to the work being done in protecting IP rights around the world, to highlight a growing global problem affecting IP stakeholders, streaming piracy.

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    A New Video Resource to Help Students Understand Copyright

    • 11.02.2020
    • By Ruth Vitale

    So says Matthew Cuban in the following video from a group of Los Angeles street poets about copyright and its importance to creativity and innovation in America.

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    Notice & Staydown And Differentiated Intermediary Regulation

    • 18.03.2019
    • By Trishi Jindal

    Intermediaries such as social-media platforms form an integral part of the consumer-internet ecosystem, and are the primary conduits for distributing and monetising content digitally. A legal ‘clinic’ in the form of a technical workshop at FICCI Frames 2019 evaluated the regulation of intermediaries in India, under the proposed amendment of the ‘Intermediary Guidelines’ under the Information Technology (IT) Act, 2000.

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