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Critical Analysis On Recent Judgements And Developments In Copyright Law

Copyright law is a crucial component of the intellectual property regime in India. It provides creators with the exclusive right to use, distribute, and reproduce their original works. Copyright law in India is governed by the Copyright Act, 1957, which has undergone several amendments since its enactment.

Recent judgments in India have highlighted some important issues related to copyright law. One of the key issues that have arisen is the scope of protection afforded to works in the digital age. In the case of MySpace Inc. v. Super Cassettes Industries Ltd., the Delhi High Court held that intermediaries such as MySpace could not be held liable for copyright infringement if they took reasonable steps to remove infringing content from their platform.

Another important issue is the use of fair dealing exceptions in copyright law. In the case of IPRS v. Aditya Pandey, the Delhi High Court held that the use of copyrighted music in a short video clip uploaded on social media constituted fair dealing under the Copyright Act.

Furthermore, recent judgments have also emphasized the importance of protecting traditional knowledge and folklore. In the case of Ramesh Chandra v. State of U.P., the Allahabad High Court held that traditional knowledge and folklore are public property and cannot be subjected to copyright protection.

However, the implementation and enforcement of copyright law in India remain a challenge. Piracy and counterfeiting of copyrighted works are widespread, and there have been instances of plagiarism in the music and film industries. Additionally, the Copyright Board, which is responsible for hearing disputes related to copyright, has been non-functional for several years, leading to a backlog of cases.

In conclusion, while recent judgments in India have provided some clarity on issues related to copyright law, there is still a need for effective implementation and enforcement of copyright law to protect the rights of creators and promote creativity and innovation.

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