Intellectual Property Archives - Tech Law Forum @ NALSAR

Paid News Conundrum – Right to fair dealing infringed?

Posted on April 3, 2023 by Tech Law Forum NALSAR

[This article is authored by Tanmay Malik, a 4^th year student at NALSAR University, Hyderabad. It analyses if the restrictions on paid news over search engines is violative of the fair use doctrine under the copyright law.]

News is a free information of the events around us. With the rise in enmeshing and expanse of world wide web, the news has multiple pathways to reach an individual. A report by Pew Research Center clearly shows that there has been a rise of solely-online media outlets and the sector has also witnessed the legacy paper-based news outlets broadcasting their news via all modes of digital means including apps, websites, podcasts, etc. A corresponding rise has been seen in the usage of the Big Tech giants, be it Google or Facebook. The two rises intersect and make these outlets the most likely source of news.

Chronicles of AI: Blurred Lines of Legality and Artists’ Right To Sue in Prospect of AI Copyright Infringement

Posted on March 29, 2023 by Tech Law Forum NALSAR

[This article is authored by Jatin Yadav, a 2nd year B.A. LL.B. (Hons.) student at Hidayatullah National Law University. It discusses the prospect of artists’ legal standing to sue AIs that are trained on their productions for copyright infringement in respect of substantial similarity test and fair use doctrine. This is the second article in the series titled ‘AI Art,’ the first part can be found here.]

Introduction

Dali v. Dall-E: The Emerging Trend of AI-generated Art

Posted on March 29, 2023March 29, 2023 by Tech Law Forum NALSAR

[This article is authored by Tejaswini Kaushal, a 2nd year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. It elucidates the international and national status quo of AI-generated art and reflect on the ethical and legal standards. This is part of a series titled ‘AI Art,’ the second article of which can be found here.]

Introduction

Google LLC v. Oracle America, Inc.: The Dissent That Matters (Part 2)

Posted on May 4, 2021August 11, 2022 by Tech Law Forum NALSAR

[This post has ben authored by Ajeeth Srinivas, a 4^th year student at School of Law, Christ University, Bangalore.]

The first Part of this Article analysed the judgement in the case of Google v Oracle, in suppoet of the minority opinion. The first part analysed the implications of the judgement on the idea-expression dichotomy and Google’s contentions regarding the merger doctrine, by understanding the structure of Oracle’s JAVA software, and noting the relationship between the declaring code and the implementing codes. This part analyses the second aspect of the majority judgement, and supports the views of the dissenting judges on the issue of Fair Use.

Google LLC v. Oracle America, Inc.: The Dissent That Matters (Part 1)

Posted on May 4, 2021May 3, 2021 by Tech Law Forum NALSAR

[This post has been authored by Ajeeth Srinivas, a 4th year student at School of Law, Christ University, Bangalore.]

“If the majority is going to speculate about what Oracle might do, it should at least consider what Google has done.”

Data Rights in Sports: The case of Event Data

Posted on December 5, 2020December 7, 2020 by Tech Law Forum NALSAR

[Ed Note: The following post is part of the TLF Editorial Board Test 2020-21. It has been authored by Dhananjay Dhonchak, a second year student of NALSAR University of Law.]

The commercialisation of sport coupled with advancements in technology have made it possible to collect and analyse vast reams of data generated in sporting activities. The information generated can take various forms such as physiological data of athletes, event and even fan-data. This article specifically focuses on event data and the legal concerns relating to its ownership and control.

Blockchain: Catalyzing Revolution in the Copyright Law

Posted on August 12, 2020November 1, 2020 by Tech Law Forum @ NALSAR

[This post has been authored by Ujjawal Bhargava, a fourth-year student at the Institute of Law, Nirma University, Ahmedabad.]

Copyright is a right provided to the creators of literary, artistic, dramatic and musical works as well as to the producers of sound recordings and cinematographic films. The rights of the creators include inter alia, right of reproduction, adaptation, and translation of work and communication to the public. However, despite the bundle of rights to provided to the authors, they are infrequently utilized even their copyright is infringed. The reasons for the this include lack of transparency about the legal status of copyrighted work, lack of knowledge about the right owner and piracy, etc. The status quo can be appropriately described “like having the keys and title to your car, but not knowing where it’s parked: in theory you own it, however in practice you cannot use it in the intended way.”

Protection of Graphical User Interfaces in India: Copyright or Design?

Posted on May 27, 2020November 1, 2020 by Tech Law Forum @ NALSAR

[This post has been authored by Adhyasha Samal of the Hidayatullah National Law University, Raipur.]

Graphical User Interfaces (“GUIs”) refer to the visual elements of a user interface that facilitate interaction between the user and the system. GUIs are rapidly evolving and are applied in personal computers as well as phones, tablets, e-watches and other smart devices. Preceded by command-line interfaces which required users to enter a command in the text box to complete a function, GUIs came into existence when Xerox Corporation created the first personal computer, Alto, containing the first GUIin 1970. It was soon followed by Apple’s Macintosh and Microsoft’s MS Windows.

Artificial Intelligence as an Inventor: Introducing a New Patent Paradigm in India

Posted on May 9, 2020July 6, 2022 by Tech Law Forum @ NALSAR

[This post has been authored by Lavanya Jha (West Bengal University of Juridical Sciences, Kolkata) & Shreya Jha (Amity Law School, Delhi).]

The term Artificial Intelligence (AI) was coined by American computer scientist John McCarthy during the Dartmouth Conference on Artificial Intelligence in 1956. It was understood as a system of solving complex problems through reasoning, knowledge representation, planning, navigation, natural language processing, and perception. The shared conception regarding AI has been that it is a method of data processing, wherein the lack of involvement of a processor allows it to have an independent “mind”. Therefore, a processing device like a digital computer through which AI related tasks are accomplished can be viewed as a fundamentally detached, objective observer whereas intelligent behavior can be viewed as a determinate set of independent elements. AI’s primary features can be characterized as unpredictability, rationality, independence, efficiency and accuracy, thereby allowing it to create “patentable” inventions.

Blockchain in the paradigm of GDPR (Part II)

Posted on April 9, 2020April 29, 2020 by Tech Law Forum @ NALSAR

[This is the second part of a two-part article by Muskan Agarwal (National Law Institute University, Bhopal) and Arpita Pandey (National Law Institute University, Bhopal). Part 1 can be found here.]

Previously, the authors looked at the contradictions between blockchain and GDPR with regard to the principal obligations enlisted in GDPR. In this post, the authors will carry out a feasibility assessment of the solutions proposed.