India: Copyright

Subscribe
Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
Not Copyright Infringement But Passing Off: Answering The Delhi High Court's Question On Celebrity Photographs
On 28.09.2026, while hearing the suit filed on behalf of Ms. Aaradhya Bachchan [CS(COMM) 230/2023] along with two connected suits, the Hon'ble Mr. Justice Anup Jairam Bhambhani of the Delhi High Court put to the Bar a question which goes to the root of the personality rights docket. As reported by LiveLaw, the learned Judge asked whether a person who may freely photograph the Taj Mahal may not photograph a celebrity, observed that "The conventional law says that copyright in that photograph belongs to the photographer", and asked whether the photographer's use of his own photograph then becomes a violation of the celebrity's personality rights.
India IP
KS
King, Stubb & Kasiva
Article
The Delhi High Court’s New Anti-Piracy Balance -Dynamic Injunctions Against Rogue Streaming Sites And Chasing Pirates That Keep Changing Masks
In Home Box Office Inc & Ors. v. Streamzy.to & Ors. (CS(COMM) 740/2026, 2026:DHC:5967; order dated 27 July 2026), Justice Anup Jairam Bhambhani granted an ad-interim injunction against a cluster of rogue streaming websites and, more significantly, refined the mechanism by which such injunctions are extended to the mirror, redirect and alphanumeric sites that predictably follow. The order’s contribution lies in a single, disciplined distinction: between the technical verification that an intermediary may perform, and the adjudicatory determination that belongs to the court alone.
India Litigation
SR
S.S. Rana & Co. Advocates
Article
Film Rights And Copyright Damages In India: Bombay High Court (Mumbai Bench) Awards Rs. 1.66 Crore (~US$174,000) In Damages For Copyright Infringement Despite No Exact Proof Of Loss
Can a claim for damages fail simply because the claimant cannot prove the exact rupee value of its loss? In a judgment pronounced by Arif S. Doctor, J. in Ultra Distributors Pvt. Ltd. v. M/s. Dhariwal Films Pvt. Ltd. & Ors., the Bombay High Court has conclusively answered No.
India IP
SR
S.S. Rana & Co. Advocates
Article
Protecting Silicon Innovation: What India's Semiconductor IC Layout-Design Numbers Mean For Indian Companies
India’s semiconductor ambitions are usually discussed in terms of fabs, packaging units, and PLI-linked investment. Less visible, but equally important for companies actually designing chips, is the legal regime that protects the layout itself — the specific arrangement of transistors, interconnects, and circuit elements that makes a chip work and that took months (or years) of design effort to create.
India IP
SR
S.S. Rana & Co. Advocates
Article
When Does The Internet Create Territorial Jurisdiction? Re-thinking The Geography Of IP Litigation In India
The Delhi High Court's reference to a Larger Bench examines a fundamental question: when does online commercial activity establish territorial jurisdiction in intellectual property disputes? As digital commerce erases traditional geographical boundaries, courts must determine whether website accessibility, targeted advertising, or completed transactions create sufficient legal nexus with a particular forum.
India Litigation
HS
Hammurabi & Solomon
Article
Do You Need An IPRS Licence For Your App Or Digital Platform?
The Indian Performing Right Society Limited (IPRS) is a copyright society registered under Section 33 of the Copyright Act, 1957. It administers and collects royalties on behalf of authors, composers, and music publishers for the public communication of musical and literary works. Under Section 2(ff) of the Copyright Act, 1957, ‘communication to the public’ includes any transmission of a work, by wire or wireless diffusion, broadcast, cable, satellite, or any other means, that makes the work accessible to the public. Digital platforms, apps, and online services that incorporate music into their product therefore fall squarely within this definition.
India IP
SR
S.S. Rana & Co. Advocates
Article
Direct Licensing vs. Copyright Society Licensing In India: Which Protects You Better?
Any business that uses copyrighted music in India, whether in a mobile application, digital platform, live event, broadcast, or commercial production, must obtain authorisation from the relevant copyright holders. In India, there are two primary routes through which this authorisation can be obtained: (i) a direct licence negotiated with and granted by the rights holder (or its authorised representative), or (ii) a licence obtained through a registered copyright society that administers the rights of multiple owners on a collective basis.
India IP
SR
S.S. Rana & Co. Advocates
Article
Copyrights – Use Of Publicly Available Content Of A News Agency For Training An AI Model Prima Facie Falls Under ‘fair Dealing’
The Delhi High Court has declined interim relief in a copyright infringement suit brought by a news agency against an AI developer, finding that the use of publicly available content for training AI models may constitute fair dealing under Indian copyright law. The Court examined whether AI-generated outputs substantially reproduced copyrighted works and whether such use serves broader public interests in innovation and access to information.
India IP
LS
Lakshmikumaran & Sridharan
Article
Intellectual Property Newsletter | July 2026
The global IP ecosystem is experiencing record-high filings and AI-driven innovation, with pivotal rulings addressing copyright protection for AI training, trademark enforcement across digital platforms, and patent disputes involving standard-essential technologies. From India's first substantive finding on AI training and fair use to landmark settlements in U.S. copyright litigation, courts worldwide are shaping how intellectual property law adapts to emerging technologies and evolving regulatory prioritie
India IP
DL
Dentons Link Legal
Article
AI-Generated Content And Copyright Protection In India: Navigating Authorship, Ownership And Emerging Legal Challenges
Generative Artificial Intelligence (“AI”) has transformed the way content is created across industries, enabling users to generate text, images, music, software code and audiovisual content within seconds. While these technological advancements have unlocked new opportunities for businesses and creators, they have also raised fundamental questions concerning copyright ownership, authorship and the use of copyrighted works for training AI models.
India IP
KS
King, Stubb & Kasiva
Article
OpenAI And The Indian Legal Landscape: Intellectual Property, Data Privacy, And Emerging Challenges
Artificial intelligence (AI) stands as one of the most groundbreaking technological advancements of the 21st century, redefining how individuals, businesses, and governments operate in an increasingly digital world. At the forefront of this revolution is OpenAI, a research organization dedicated to ensuring the ethical and beneficial deployment of advanced AI systems.
India Technology
ML
MZM Legal
Article
SC Upholds That Marketing Of Assigned Music Rights For Own Commercial Benefit Is Not A Taxable Service And Ancillary Marketing Obligations Are Not Separately Taxable
The Supreme Court has clarified the service tax treatment of marketing and promotion expenditure incurred by a broadcaster on commercially exploiting acquired music and song video rights. The Court upheld the CESTAT’s view that such expenditure does not represent consideration for any taxable service to the film producers, since the broadcaster promoted the rights for its own benefit as assignee and therefore no taxable service relationship existed.
India Tax
AC
Aurtus Consulting LLP
See more