This is Harish Khan, Enrolled as an Advocate with the Bar Council of Delhi. Currently, working as Legal Manager at Blackbull Law House. Pursued B.B.A. LL.B (Hons) Specialised in Business Laws from Hi
The Court of Justice of the European Union ensures uniform application of EU law across Member States through direct proceedings and preliminary rulings. Its role in legal integration, judicial supremacy, and shaping key legal principles is pivotal for the EU.
Right to be Forgotten, privacy law, GDPR, Google Spain, data protection, digital privacy, data erasure, freedom of expression, personal data, EU regulations, public interest, search engines, data subjects, right to erasure.
The digital age redefines communication and reproduction rights, offering creators global reach while posing copyright challenges. Balancing innovation with intellectual property protection ensures fair use, ethical content sharing, and a thriving creative economy.
Broadcasting organisations in India are protected under the Copyright Act, 1957, with rights like rebroadcasting, communication to the public, fixation, distribution, and moral rights. These ensure broadcasters control their content, prevent misuse, and monetize effectively.
A patent grants inventors exclusive rights, fostering innovation by protecting new ideas. Under India's Patents Act, 1970, patentability hinges on novelty, inventive step, and industrial applicability, ensuring only deserving inventions achieve legal protection.
Copyright law protects original works, including computer software, under India's Copyright Act of 1957. While AI-generated works raise questions about authorship, the Act doesn’t explicitly address them. As AI advances, copyright law may need reform to accommodate these changes.
The Indian Patent Act, 1970, under Sections 3 and 4, excludes certain inventions from patentability to protect public interest, ethics, and natural principles. Non-patentable categories include frivolous inventions, natural discoveries, and methods against public order.
The "Work for Hire" doctrine assigns copyright ownership to employers or commissioning parties for works created under employment or specific contracts. It ensures clarity in ownership, balancing creators' rights with employers' or clients' interests, unless agreed otherwise.
Compulsory licensing under copyright law allows the use of copyrighted works without the owner’s consent when access is restricted. It ensures public access to creative works while compensating creators, balancing copyright protection and societal needs.
Copyright in musical works safeguards the rights of creators, including composers and lyricists, by providing exclusive control over their compositions. It fosters innovation, ensures financial rewards through royalties, and balances the interests of original and remix creators.
Originality is fundamental to copyright law, ensuring protection for creative works. Courts assess originality through various tests, such as the "sweat of the brow" doctrine, the "modicum of creativity" test, and the "skill and judgment" test, balancing effort and creativity.
Copyright protects creators' original works, granting exclusive rights over reproduction, distribution, and public performance. In India, registration under the Copyright Act, 1957 ensures legal protection, ownership, and opportunities for revenue generation.
Copyright infringement occurs when a copyrighted work is used without authorization, violating the owner's exclusive rights. Remedies under the Copyright Act, 1957 include civil, criminal, and administrative measures, ensuring robust legal protection for creators.
Copyright law safeguards creators' rights but raises complexities in ownership and duration. Ownership varies with authorship, work-for-hire, or licensing. Duration ensures protection for 60 years post-creation or an author's life, balancing rights and public access.
The doctrine of fair use balances copyright protection with public interest, enabling transformative uses like criticism, education, and parody. Both U.S. and Indian frameworks ensure creativity thrives while safeguarding creators’ rights against market harm.
The freedom of the press in India, implicit under Article 19(1)(a) of the Constitution, is vital for democracy. While it empowers open dialogue, it is subject to reasonable restrictions under Article 19(2) to ensure public order, security, and individual rights.
Media law in India governs the regulation of media activities, balancing freedom of expression with necessary restrictions. Its evolution spans from ancient India to the colonial era, culminating in post-independence legislation ensuring responsible media practices.
Advertising intersects with the right to freedom of speech, protected under Article 19(1)(a) of the Indian Constitution. Courts have ruled that commercial speech is fundamental, yet regulations must ensure ethical standards, consumer protection, and balanced freedoms.
The rise of OTT platforms in India has sparked a debate on balancing free expression and societal interests. The IT Rules, 2021, aim to regulate content with a three-tier grievance redressal system, ensuring accountability while addressing concerns over censorship.
This article examines the intricate balance between freedom of speech and judicial authority in India, focusing on contempt of court laws. It highlights the interplay of constitutional rights, judicial powers, and the need for reforms to align with democratic principles.
Parliamentary privileges and freedom of speech are essential to democratic governance. They ensure MPs can perform duties without undue interference. However, these rights must be balanced with accountability to prevent misuse and uphold public trust in democratic institutions.
The Hot News Doctrine protects time-sensitive information like breaking news or live sports updates from unauthorized use. While recognized in the U.S. under cases like NBA v. Motorola, its application in India relies on common law, facing challenges in a digital age.
The evolution of copyright law now includes protection for computer-generated works, though challenges persist, especially with AI-created content. Questions about originality, human authorship, and ownership highlight the need to adapt laws to modern technological realities.
Performers' rights under copyright law recognize the contributions of artists like actors, musicians, and dancers. These rights offer protections against unauthorized use, ensure fair compensation, and uphold moral rights, enhancing their creative and economic interests.