NOPR Collection:

Copyright Issues in Legal Research and Writing

2016-09-01T00:00:00Z

Title: Copyright Issues in Legal Research and Writing Authors: Lukose, Lisa P. Abstract: As members of legal fraternity judges, lawyers, academicians, researchers and students continuously engage in legal research and writing, the legal researchers and writers play a double role in their academic exercise as both creators and users of copyrighted materials. It means, they have rights and duties with regard to copyright law. The present article analyzes the copyright issues involved in research and examines the ways by which the academic authors should protect themselves from the charges of copyright infringement and plagiarism. Page(s): 275-282

Possession and Transfer of Copyrights of a Cinematograph Film

2016-09-01T00:00:00Z

Title: Possession and Transfer of Copyrights of a Cinematograph Film Authors: Meena, Raghuveer Singh Abstract: The attempt through this paper is to analyze the provisions relating to the ownership and assignment of copyright regarding a cinematograph film and in the context of changing mode of communication technologies how it tackled the problems emerged in ownership, assignment and license of copyright, the adequacy of these provisions in effectively protecting the rights of the author and performer & tries to balance the rights of the owner of copyright vis-à-vis public interest and also the role of judiciary in effectively protecting their rights. The fundamental problem with the Indian Copyright Law is not so much of it being flawed but the fact that it is not always followed as such. That the 2012 Act is well-intentioned is not debatable. It covers a range of issues relating to the film and music industry, and clearly intends to alleviate the condition of “non-powerful” individuals working in the industry by strengthening their position. Whether it will achieve this aim without their first being a deluge of litigation to interpret the provisions of the 2012 Act is an open question. Page(s): 283-287

Biodiversity Monitoring: A Pre-Condition to Access and Benefit Sharing under the Indian Biological Diversity Act, 2002

2016-09-01T00:00:00Z

Title: Biodiversity Monitoring: A Pre-Condition to Access and Benefit Sharing under the Indian Biological Diversity Act, 2002 Authors: Devi, Shova; Padmavati, Manchikanti Abstract: The conservation of biological diversity has emerged to be a dominant international discourse due to the issues arising out of appropriation of genetic resources. Bioresource utilization in the form of trade has received increased attention in the recent times. The assertion of private intellectual property rights in innovations based on biological resources and knowledge obtained from developing countries has been a major concern. Post the Nagoya Protocol on Access and Benefit Sharing of Genetic Resources 2010.An important aspect the protocol recognizes is the need for securing the rights of communities over their resources; by restricting biopiracy and protecting the rights of the communities/stakeholders. India announced the Access and Benefit Sharing Guidelines (ABS) 2014 under the Biological Diversity Act 2002. Prior approvals and ABS agreements are mandatory for access to biological resources for certain purposes and for seeking IPR protection. Biodiversity maintenance is important for the sustainable utilisation of biological resources. There are concerns that increased bioresource trade may pose a threat to the conservation of species. It is in this context that the present study attempts to analyse the need for biodiversity monitoring in the ABS process in India. This study highlights the need for including biodiversity monitoring as part of the pre-ABS mechanism in India. Effective ABS implementation in India would be achieved only when it is linked with conservation objectives. Page(s): 288-294

Reporters’ Copyright in Verbatim Transcription and Audio Record of an Extempore Speech: Why the UK Act is more lenient than India's?

2016-09-01T00:00:00Z

Title: Reporters’ Copyright in Verbatim Transcription and Audio Record of an Extempore Speech: Why the UK Act is more lenient than India's? Authors: Kansal, Vishrut Abstract: The article delves into a detailed comparative legal analysis of the requirement of fixation of an extempore speech and the test of originality for its record in English and Indian copyright jurisprudence. While a mere verbatim transcription or audio record of an extempore speech may entitle a reporter to claim copyright protection in UK, the same is not true in India. As per Indian law, the reporter is required to expend intellectual skill and judgement sufficient to lend minimal degree of creativity in substantively differentiating his written record from the speech. Indian Copyright law, unlike UK’s law, also requires the reporter to obtain prior authorization from the speaker to transcribe or audio-record his speech. In essence therefore, the article highlights how English copyright law is much more lenient than its Indian counterpart in providing copyright protection even for a minimal effort on part of the reporter. Page(s): 295-303