Latest news with #CopyrightActof1957
Hindustan Times
23-05-2025
- Entertainment
- Hindustan Times
The Aziz-Dube saga: A sleight of copyright?
Artist Anita Dube recently found herself in the middle of a controversy after she used lines from activist and poet Aamir Aziz's poem, Sab Yaad Rakha Jayega, in her art without his permission. The Patna-born poet alleged that the lines were used without his 'knowledge, consent, credit, or compensation' by Dube and exhibited at the Vadehra Art Gallery in Delhi. The poem and the artwork both fall under the purview of copyright law in India, governed by the Copyright Act of 1957. A wide range of creative works are protected under this legislation, which does not extend to ideas, themes, or plots but only to the particular form in which those ideas are expressed. The author is typically the first owner of copyright. Independent contractors may retain ownership unless a contract specifies otherwise. When work is created under a contract of service (employee-employer relationship), the employer is generally the first owner. Copyright arises automatically upon creation of an original work, and registration provides evidentiary support in disputes. The Aziz–Dube matter highlights enduring ethical and legal questions about adapting the works of both living and deceased artists, in terms of consent, attribution, and commercialisation. In India, the general rule for original literary, dramatic, musical, and artistic works is that copyright protection endures for the author's lifetime plus 60 years. For other categories of work such as cinematographic films the period of protection is 60 years from the date of first publication. Indian copyright law grants copyright owners the exclusive right to create derivative works, which include adaptations, translations, and other modifications. Adaptation, a subset of derivative works, usually involves changing the format or medium of the essence of the original work is retained, but it is presented differently to reach new audiences or serve new purposes. Derivative works are also protected and copyright in the derivative work vests with the adapter to the extent of the new, original contributions — subject to the subsisting rights in the original work. The right to adapt a work is one of the exclusive rights conferred upon the copyright owner. In the absence of a licence from the from the copyright owner, the adapter may be exposed to legal consequences for copyright infringement. Unauthorised derivative works typically constitute infringement. However, the fair dealing doctrine allows limited use of copyrighted material without permission. There are specific exceptions for purposes such as criticism, review, reporting of current events, and private use including research. Fair dealing seeks to strike a balance between protecting intellectual property and facilitating access to knowledge. While some political expression may intersect with public interest, there are limits to this doctrine. Moral rights protect an author's personal and reputational interests in their work, distinct from their economic rights. These rights survive the assignment of economic rights and are often described as inalienable. A legal claim by an author against unauthorised modifications to their work must succeed in establishing that the treatment of the work has been prejudicial to their reputation. In her public statement, Dube acknowledged an 'ethical lapse' in not seeking Aziz's permission, although she had credited him. She also clarified that the artwork has since been withdrawn from sale. Aziz, for his part, objects to the manner in which his poem was used. Dube also invoked the spirit of the commons and 'copyleft', referencing frameworks the Creative Commons framework, which encourage the free sharing of copyrighted material provided all derivative versions are shared under the same terms. The incident has reignited a discourse on the commercial appropriation of politically resonant and marginalised voices in art. Using the work in a commercial context without consent may be seen as a modification that violates the integrity rights of the author irrespective of any assignment of economic rights. WH Auden, in Law, like Love, likens law to love that 'we seldom keep'— a fitting metaphor for the delicate balance between artistic inspiration and the safeguards that ensure a more equitable field for both emerging and established artists, as well as those who support and facilitate their work. Sana Javed is a lawyer focused on policy and contract advisory. The views expressed are personal
News18
12-05-2025
- Entertainment
- News18
Javed Akhtar Says Mahesh Bhatt Opposed Copyright Act: ‘He's Messiah Of The Poor'
Javed Akhtar helped pass the 2012 Copyright (Amendment) Act, securing lifelong royalties for creatives, despite opposition from filmmakers like Yash Chopra and Mahesh Bhatt. Javed Akhtar, a well-known screenwriter, lyricist, and poet, has made a huge impact on India's creative world. While many admire his artistic work, few know about his important role in the passing of the Copyright (Amendment) Act in 2012. This law, passed by both the Rajya Sabha and Lok Sabha, protected the rights of writers, lyricists, music composers, actors, authors, and other creative professionals. In a recent chat with Mid-Day, Javed Akhtar shared how he got involved in the fight for copyright reform. Javed Akhtar mentioned that his involvement started when the Indian Performing Right Society (IPRS) asked him to lead. He admitted he didn't understand publishing rights before that. 'I had know idea publishing ka matlab kya hai. When I would sign contracts, they would take all the rights; I was not aware of that," he said. Javed Akhtar recalled that music directors had come to his house, expressing their frustration. After accepting the role, Javed began to understand the extent of exploitation faced by creative professionals. He realised that the only way to bring about real change was to amend the country's laws. 'Music directors came to my house and said, 'We are being badly exploited. They give us unfair contracts, and we want you to become IPRS chairman'. I realised that no music director or writer dared to stand up against the music companies and producers alone because they would ban them. The only solution was to change the law of the country," he said. Javed Akhtar faced opposition while fighting for the rights of creative professionals, with filmmakers like Yash Chopra and Mahesh Bhatt against him. He recalled, 'Some very big stars and producer-filmmakers were meeting people and opposing the bill. I will take their name – Yash Chopra and Mahesh Bhatt. Mahesh Bhatt is the 'messiah of the poor' from that side… because 'poor producers' needed his help. When I met him at the airport, he said, 'We have come to oppose your bill.' I told him he had all the right. I even offered to help him with appointments with the political leaders." The Copyright (Amendment) Act of 2012 changed the Copyright Act of 1957. It gave songwriters, artists, and performers the right to earn royalties for life. The new law made sure that creators own the rights to their work, instead of producers taking them. First Published: May 12, 2025, 08:16 IST
The Star
06-05-2025
- Business
- The Star
India panel to review copyright law amid legal challenges to OpenAI
FILE PHOTO: OpenAI logo is seen in this illustration taken May 20, 2024. REUTERS/Dado Ruvic/Illustration/File Photo NEW DELHI (Reuters) -India has set up a panel to review if existing copyright law is sufficient to tackle AI-related disputes, an official memo showed, at a time when OpenAI faces legal challenges stemming from accusations of exploiting copyrighted material. A case in the high court in New Delhi by a group of top Indian news outlets and book publishers who say the firm uses their content without permission to help train its ChatGPT chatbot could reshape how the sector operates in India. OpenAI has denied wrongdoing. The memo, which is not public, said the commerce ministry set up a panel of eight experts last month to examine issues related to AI and their implications for India's copyright law. The experts have been tasked to "identify and analyze the legal and policy issues arising from the use of artificial intelligence in the context of copyright," the memo added. The panel of intellectual property lawyers, government officials and industry executives will also examine the adequacy of the Copyright Act of 1957 in resolving such concerns and make recommendations to the government, it said. India's commerce and infotech ministries did not respond to Reuters' queries. The copyright law has been at the centre of the OpenAI lawsuits in India. Billionaire Gautam Adani's NDTV, along with the Indian Express and Hindustan Times newspapers and the Digital News Publishers Association, which groups top news outlets, say they share concerns over copyright law violations by AI platforms using their data to train such apps. OpenAI says it uses public data to train its chatbot, which is not a violation of India's copyright law, and also provides an opt-out for websites that do not want their data used. Courts around the world are hearing claims by authors, news organisations and musicians which accuse technology companies of using their copyrighted work to train AI services without permission or payment. (Reporting by Arpan Chaturvedi and Munsif Vengattil; Editing by Aditya Kalra and Clarence Fernandez)
Yahoo
06-05-2025
- Business
- Yahoo
India panel to review copyright law amid legal challenges to OpenAI
Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Generate Key Takeaways By Arpan Chaturvedi NEW DELHI (Reuters) -India has set up a panel to review if existing copyright law is sufficient to tackle AI-related disputes, an official memo showed, at a time when OpenAI faces legal challenges stemming from accusations of exploiting copyrighted material. A case in the high court in New Delhi by a group of top Indian news outlets and book publishers who say the firm uses their content without permission to help train its ChatGPT chatbot could reshape how the sector operates in India. OpenAI has denied wrongdoing. The memo, which is not public, said the commerce ministry set up a panel of eight experts last month to examine issues related to AI and their implications for India's copyright law. The experts have been tasked to "identify and analyze the legal and policy issues arising from the use of artificial intelligence in the context of copyright," the memo added. The panel of intellectual property lawyers, government officials and industry executives will also examine the adequacy of the Copyright Act of 1957 in resolving such concerns and make recommendations to the government, it said. India's commerce and infotech ministries did not respond to Reuters' queries. The copyright law has been at the centre of the OpenAI lawsuits in India. Billionaire Gautam Adani's NDTV, along with the Indian Express and Hindustan Times newspapers and the Digital News Publishers Association, which groups top news outlets, say they share concerns over copyright law violations by AI platforms using their data to train such apps. OpenAI says it uses public data to train its chatbot, which is not a violation of India's copyright law, and also provides an opt-out for websites that do not want their data used. Courts around the world are hearing claims by authors, news organisations and musicians which accuse technology companies of using their copyrighted work to train AI services without permission or payment. (Reporting by Arpan Chaturvedi and Munsif Vengattil; Editing by Aditya Kalra and Clarence Fernandez)
Yahoo
06-05-2025
- Business
- Yahoo
India panel to review copyright law amid legal challenges to OpenAI
By Arpan Chaturvedi NEW DELHI (Reuters) -India has set up a panel to review if existing copyright law is sufficient to tackle AI-related disputes, an official memo showed, at a time when OpenAI faces legal challenges stemming from accusations of exploiting copyrighted material. A case in the high court in New Delhi by a group of top Indian news outlets and book publishers who say the firm uses their content without permission to help train its ChatGPT chatbot could reshape how the sector operates in India. OpenAI has denied wrongdoing. The memo, which is not public, said the commerce ministry set up a panel of eight experts last month to examine issues related to AI and their implications for India's copyright law. The experts have been tasked to "identify and analyze the legal and policy issues arising from the use of artificial intelligence in the context of copyright," the memo added. The panel of intellectual property lawyers, government officials and industry executives will also examine the adequacy of the Copyright Act of 1957 in resolving such concerns and make recommendations to the government, it said. India's commerce and infotech ministries did not respond to Reuters' queries. The copyright law has been at the centre of the OpenAI lawsuits in India. Billionaire Gautam Adani's NDTV, along with the Indian Express and Hindustan Times newspapers and the Digital News Publishers Association, which groups top news outlets, say they share concerns over copyright law violations by AI platforms using their data to train such apps. OpenAI says it uses public data to train its chatbot, which is not a violation of India's copyright law, and also provides an opt-out for websites that do not want their data used. Courts around the world are hearing claims by authors, news organisations and musicians which accuse technology companies of using their copyrighted work to train AI services without permission or payment. (Reporting by Arpan Chaturvedi and Munsif Vengattil; Editing by Aditya Kalra and Clarence Fernandez)
