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Title: The Sheer ‘Film’ of Protection - An Exercise in Exhaustion
Authors: Dodeja, Karishma D
Keywords: Exhaustion of rights;Doctrine of first sale;Cinematographic films;Copyright;Infringing copy;Rental rights;Warner Bros;DVDs;Commercial rights;The Copyright Amendment Act 2012
Issue Date: Jan-2013
Publisher: NISCAIR-CSIR, India
Abstract: The Indian intellectual property rights scene has undergone a sea change in the recent past with the country becoming an active participant in the field, aspiring to maintain steady but precarious balance between the social value and private character of intellectual property. Currently, one of the most contentious issues, the principle of ‘exhaustion of rights’, has assumed supranational importance with varying levels of exhaustion for each kind of intellectual property. With the advent of new mediums to record cinematographic films and the increasing popularity/notoriety of the ‘grey market’, the issue of the level/kind of protection accorded to copyright in this work assumes great significance . A potential starting point towards addressing this issue is through an examination of the signal pronouncement of the Delhi High Court in Warner Bros Entertainment Inc v Santosh V G. This paper is an attempt to critically analyse the legal protection accorded to cinematographic films in the light of a conceptual understanding of principle of exhaustion of rights, an examination of the dictum of the Court and an appraisal of the Copyright Amendment Act, 2012. This has been done through a holistic understanding of the Indian law in contradistinction with the laws of the United States, United Kingdom and Europe on the subject matter.
Page(s): 7-14
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.18(1) [January 2013]

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