Exploring Sovereign Immunity in Copyright Infringement: How India can Learn from the Global Experience

Abstract

Governmental use of copyrighted works although a very important area has received little attention compared to similar use of patented inventions. But such uses by the government/sovereign have been reported in various jurisdictions including USA where the power of eminent domain was invoked to give some kind of justification. This article makes an enquiry about this unexplored but important area of intellectual property law by adopting a comparative study of important jurisdictions.