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‘Authorship’ and ‘Ownership’ of Copyright in a Photograph in India

As photographers, we often tend to think that we are the owner of the photograph and we can post them anywhere. Sometimes, we do not even bother to ask the person for whom we clicked these photographs, or the persons who may be there in the frame. This is where we invite troubles and land…

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Difference between assigning and licensing a photograph

When you assign your rights in a photograph for a valuable consideration (fee), that is a complete transfer where you do not retain any rights. On the other hand, when you license somebody to use your photograph, that is merely a permission to use your photograph in certain ways, for a certain period, within certain…

Copyright in a Photograph: Protection and Infringement
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Copyright in a Photograph: Protection and Infringement

How do I protect my copyright in a photograph? Owning a camera does not mean that you will have copyrights in the photographs produced by it. The ownership of a photograph can be with other individuals as well, if the photograph is taken in the course of employment, under a contract of service, apprenticeship, for…

Do I need a license to operate drones?

Office of the Director General of Civil Aviation (“DGCA”) recently invited comments on Draft Air Transport Circular XX of 2016 (“Draft Guidelines”) which intends to lay down guidelines for operations of Civil Unmanned Aircraft System (“UAS”) in India and registration of such UAS by way of Unique Identification Number (“UIN”) through its notification dated April…

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Difference between a ‘Contract Labourer’ and an ‘Employee’

What does the term ‘contract labour’ means? The term ‘contract labour’ under Contract Labour (Regulation and Abolition) Act, 1970 (“CLRA“) means a workman who is hired in or in connection with the work of an establishment by or through a contractor. It is important to note that the word, ‘hire’, as used in the Act, has…

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How should I maintain the medical records of a patient in electronic form?

How should I maintain the records of patient in electronic form? Section 7 of the Information Technology Act, 2000 (“Act”) requires such documents, records or information to be retained in the electronic form in such a manner that— the information contained therein remains accessible so as to be usable for a subsequent reference; the electronic…

Jatinder Nath vs. Chopra Land Developers Pvt. Ltd. and Anr.

Jatinder Nath vs. Chopra Land Developers Pvt. Ltd. and Anr.

Jatinder Nath vs. Chopra Land Developers Pvt. Ltd. and Anr. Supreme Court AIR 2007 SC 1401 (Section 16 of CPC vis-à-vis Section 20 of CPC) Facts In this case, an agreement was entered into by the Developer with one Jatinder Nath (Appellant), residing at Faridabad at that time. Subsequently the appellant had shifted his residence…