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VOLUME V ISSUE I (2018)
(Theme:- SPECIAL EDITION ON INTELLECTUAL PROPERTY, ENTERTAINMENT AND MEDIA LAWS)
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Akanksha Jumde and Nishant Kumar
The authors are working as Assistant Professor, National Law University, Jodhpur and N.C.R.I. Research Fellow, Central. University of Punjab, respectively
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The Article deals with the aspect of Publicity or the Personality rights of the Celebrities under the ambit of Indian Entertainment Law. It elaborates on the historical development of the Right of Publicity and ponders upon the implications of these unique rights. Further, the Article analyses the publicity rights from foreign Jurisdictions vis-à-vis Indian Jurisdiction. The Article concludes on the note that the Indian approach to publicity rights is constitutional rather than commercial and there is an urgent need to adopt dual approach i.e. constitutional and commercial for the better enforcement of these rights.
AN UNDERSTANDING ON COPYLEFT AND ENFORCEABILITY OF SUCH LICENSE AGREEMENTS
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Nikunj Poddar
The author is third-year, B.A.LL.B. (Hons.), Gujarat National Law University, Gandhinagar
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The Article deals with the concept of copyleft. It defines copyleft as a ‘philosophy’ where the authors believe that their work should remain free and everyone should be able to gain access to their work, use it, modify it and redistribute it. The Author presents an overall understanding on what is copyleft and then compares it with the existing copyright laws. Further, it provides legal backing to establish copyleft agreement as a valid contract which would legally protect the interest of licensor and licensee. It concludes on the note that there is a need to formally recognise the concept of copyleft.
RIGHT TO BE FORGOTTEN: A CRITICAL AND COMPARATIVE ANALYSIS
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Shreya Bansal and Deboleena Dutta
The authors are LL.B students, Faculty of Law, Delhi University.
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This paper discusses the ‘Right to be forgotten’ - the foundation of which was laid down by the European Union- in light of right to free speech, expression, and right to information. It highlights a spectrum whose one end talks about personal dignity reflected through the ideals upheld by E.U. laws & jurisprudence developed in the Google Spain v. AEPD case, and the other end, talks about the respect for liberty and freedom of an individual, a stance taken by the United States. Through the medium of analyzing US & EU stance, it provides a comparative analysis of the issue and merges it with right to privacy in the Indian context using the Puttaswamy v. Union of India judgment. Lastly, it concludes by deliberating on the importance of data protection laws in India and offers substantial recommendations for the same.
CROSS MEDIA OWNERSHIP: A NEMESIS TO FREE MEDIA
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Yash Dutt & Shekhar Yadav
The authors are third-year, B.A.LL.B. (Hons.), Amity Law School, Amity Univ., Noida
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Monopolistic market has always been responsible for establishing anti-competitive and dominant practices in the relevant market. It does not matter if the end service is as intangible as “information”. This piece analyses the abuse of dominant behavior by media houses in circulating the information across various domains. The author has tried to portray how the fourth pillar of the democracy can create havoc in the society if fallen under the hands of a few. The paper reveals that how selective ownership of the media houses always promote false propaganda and misconception in the society. In the end, the piece suggests formation of regulatory bodies in order to keep track of the anti-competitive behavior of the media houses while overtaking each other.
AN OVERVIEW OF CELEBRITY RIGHTS IN INDIA
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Shreyasi Bhattacharya and Aparna Madhu
The authors are fifth year, B.A.LL.B., Dept. of Law, Univ. of Calcutta, Kolkata and Research Assistant, C.R.S.G.P.P., West Bengal Nat’l Univ. of Juridical Sciences, Kolkata respectively
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The Article gives an overview of the celebrity rights under the Indian Legal Framework. It differentiates celebrity rights from other rights and analyses how the specific rights is more of a property than personal rights. It studies the various aspects of celebrity rights especially focusing on Indian perspective vis-à-vis the laws existing in other countries. Further, it seeks to identify the existing gaps in our legal regime and suggests areas which require more protection so as to strengthen the current legal framework in India in this regard.
FAN FICTION AND THE FAIR USE DOCTRINE UNDER COPYRIGHT LAW
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Divya Pinheiro
The author is a first-year, B.B.A.LL.B., School of Law, Christ (Deemed to be Univ.), Bengaluru.
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The instant paper discusses the need for IP protection for authors producing fanzines in contemporary times. It begins with a brief history and origin of fan-fiction and gradually dwells on the increasing creative and economic interests associated with it nowadays. It throws light on the changing trend of fanzines, as they are now being published online in form of blogs and etc. and analyses how ‘commercial fan fiction’ isimpacting the Copyright law worldwide. Furthermore, the paper also presents a comparative analysis of the U.S and Indian Copyright law with special emphasis on S. 107 & S. 52 respectively. Lastly, it ends with certain comprehensive recommendations on the need for a suitable law on fan-fiction for balancing conflicting interests.
THE NEED FOR THE RIGHT TO BE FORGOTTEN IN INDIA
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Tejashree J.
The author is a second-year, B.B.A.LL.B., School of Law, Christ (Deemed to be Univ.), Bengaluru.
It will not be wrong to point out that the digital age has brought the life of the people closer to each other than ever before. But at the same time, it is creating a risk of leaving residue of our digital footprints on the internet forever. In this piece, the Author has analysed that perspective of ‘Right to be forgotten” through Indian perspective. At first, the paper tries to place the right to be forgotten under the purview of Fundamental Rights of the Indian Constitution. To support the contention, the author has formed a relationship of rights to privacy with the right to erase all the digital footprints. At later stage, the paper highlights the trend of European Union and other jurisprudences in accepting the right to be forgotten as the essential human right of an individual. In conclusion, the author suggests the legislative bodies to focus regulating data privacy policies of tech giants in order to maintain the sanctity of the fundamental rights of an individual.