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.