COMPARATIVE ANALYSIS OF COPYRIGHT PROTECTION IN THE PUBLISHING INDUSTRY OF INDIA AND USA BY: GOWSHINI ATHREYA D
COMPARATIVE ANALYSIS OF COPYRIGHT
PROTECTION IN THE PUBLISHING INDUSTRY OF INDIA AND USA
AUTHORED BY:
GOWSHINI ATHREYA D
Qualification:
Studying LLM in Intellectual Property Rights and Trade Law
Affiliated
University: CHRIST Deemed to be University, Bangalore, Karnataka
Mail ID: gowshiniathreya@gmail.com
Abstract:
This comparative study explores the
copyright protection systems in the publishing sectors of India and the US, two
significant countries. The foundation for preserving intellectual property
rights and encouraging innovation in the publishing industry is copyright
protection. Although copyright laws are strong in both nations, there are
distinctions in their legal systems, backgrounds, and current issues. This
study examines how copyright laws have changed over time in the US and India,
emphasizing the distinctive forces that have influenced each country's legal
systems. It closely examines international considerations, licensing
procedures, the role of fair use, and adaptation to digital publishing.
Understanding these differences in copyright protection is crucial for anyone
involved in the worldwide publishing sector, especially as the digital age
continues to change the publishing environment. This analysis opens the door
for future worldwide harmonization and improvements while also providing
insights into the complicated nature of copyright.
Keywords: Copyright in Publishing Industry,
Fair Use and Fair Dealing, Licensing and Permissions, International
Consideration
Introduction:
Intellectual Property is a legal
right granted to the creator, inventor, or author of a new work created for a
specific period. All types of intangible assets are considered to be protected
under intellectual property rights. In the modernized world, as technology
expands, every industry also expands its business. One such expansion is that
every industry runs its business on the online platform. The owner is
responsible for protecting their assets from infringement in digital and
non-digital platforms. In Intellectual property, one of the rights is
copyright, which protects various kinds of rights such as literary work,
artistic work, musical work, dramatic work, cinematograph films, and sound
recordings[1].
Literary work includes anything expressed in writing, including books,
journals, novels, research articles, etc., provided it must be original. The
owner of the literary work is considered the author of that creation. The
author will be writing a novel or book, and they have the right to register for
copyright, an exclusive right to protect his/her original work against
infringement. Once the registration is completed, the author can publish the
work physically and in the online form. Various issues arise relating to
copyright in the field of the publishing industry because though the content of
the books differs the title of the book sometimes seems similar, and those
titles will be readily available on all platforms such as from large print to
audiobooks and even to e-books.
Nowadays, the copyright protection subsists over e-books. E-books are
electronic books where the copy of books, novels, and articles will be
published on the websites. The publication industry runs its business on the
online platform along with selling and publishing the books physically.
Statement
of the Problem:
The Publishing industry is undergoing
a transformative shift in the digital age, and copyright protection plays an
important role in shaping the rights and obligations of content creators,
publishers, and consumers. The Study aims to address the key problems such as
differing legal frameworks followed in India and the USA, International
Considerations, Fair Use and Fair Dealing Interpretation, digital publishing
and the copyright and licensing and permission of e-publication.
Research
Questions:
1. How do the copyright protection
systems in India and the USA differ in terms of legal frameworks, historical
evolution, and digital publishing challenges?
2. How do the interpretations of fair
use (in the USA) and fair dealing (in India) differ?
3. What are the international
considerations and obligations that influence copyright protection in India and
the USA?
Research
Objectives:
1. To Analyze and Compare the legal
frameworks governing copyright protection in the publishing industry of India
and the USA.
2. To Critically examine the
interpretation of Fair Use and Fair Dealing doctrines followed in the USA and
in India in relation to copyright protection in the digital publishing
industry.
3. To examine the international
considerations and obligations influencing copyright protection in India and
the USA.
Literature
Review:
1. Copyright and Generic Entry in Book
Publishing[2]
The Author discusses the importance
of Intellectual Property Rights and states that IP rights will be granted to
creative activities. It examines the impact of copyright on book publishing and
its effects on the availability and price of books. The author focuses on the
welfare of the 1998 Copyright Term Extension Act and identifies that the
copyright limits the availability of works, leading to a decrease in consumer
surplus. In the Book publishing industry, copyright issues prevail as book
titles can be available in various forms, and recently, they have been
published even on an online form called “E-Books”. The author dealt with the
law of the United States as it initially set the length of copyright protection
to 14 years. After many recommendations and suggestions, the term of protection
extends to the author's life plus 50 years after the life of such author, and
the law of copyright in the U.S. is known as the “British Statute of Anne
(1710)”. The economic inefficiencies of extending copyright without modifying
the incentives for producing new content are also covered in the paper. In
general, the research reveals valuable perspectives on how copyright affects
book publishing and how it affects readers.
2. Managing Copyright in the Digital Age
of Publishing and Advertising[3]
The Article “Managing Copyright in
the Digital Age of Publishing and Advertising” by Fernanda Rocha dealt with the
challenges media companies face due to the lack of a well-planned copyright
management solution in the digital environment. The study also examines how
publishers and advertisers, who prioritized selling print media before the
Internet was created, adjusted to the digital world. With the advent of
numerous new media, like computers, e-books, tablets, and more, they have shifted
their attention to digital platforms. Additionally, the study addresses how
internet use has raised public awareness of the financial benefits of
intellectual property to companies. A lot of businesses intend to establish a
copyright management department. The article says that to guarantee that staff
members handle copyright concerns diligently, it is required to alter the
corporate culture and provide basic guidelines for compliance. The author
further discusses the complex copyright issues in media. After highlighting the
main problems that publishing and advertising organizations have with copyright
management in the current digital environment, the paper deals with the
management systems that will inevitably need to keep up with technological
advancements.
3. Copyright, Plagiarism, and Emerging
Norms in Digital Publishing[4]
The Article by J.D. Lipton dealt with
how digital technology has made it easy, fast, and inexpensive to copy and
distribute digital texts globally and how this has created significant concerns
for the publishing industry. It also discusses how copyright law has evolved to
meet the publishing industry's needs. The authors and publishers find it
difficult to protect their online copyrights in the digital age.
Compared to other digitized industries like the music, film, and video
game industries, the publishing industry has had less success securing its
online copyrights. It focuses on the legal difficulties publishers face,
such as establishing infringement and the absence of precise legal guidelines
for digital publishing. The paper's conclusion highlights publishers and
authors' difficulties in defending their digital copyrights in the modern world
and the importance of community norms in influencing copyright laws and
industry best practices for digital publishing. It implies that to keep up
with the demands of the digital publishing sector, copyright law must
change and that newly emerging norms might influence this change.
4. Copyright Issues in E-Publishing[5]
The Article “Copyright Issues in
E-Publishing” by T.C. James explores the challenges and opportunities of
digital technologies in the publishing industry. It starts by discussing the
emergence and development of copyright law as a response to technological
challenges to publishers’ control over their publications. The author then goes
on to discuss the challenges that arise in the context of e-publishing,
including contractual issues relating to assignment or licensing, technological
and management issues, and issues of enforcement of rights in cyberspace. The
article explains that the first category of issues can be divided into two
groups: issues between the author/owner of rights and the publisher, and issues
between the publisher and the user. The basic issue that arises between the
author and the publisher is the scope of the license agreement or assignment.
Then discusses the second category of issues, which are primarily technological
and management issues. These include issues related to digital rights
management (DRM), encryption, and watermarking. The role of international
treaties in addressing copyright issues in e-publishing is also addressed by
the author. Finally, the article discusses the role of industry and government
in finding solutions to unresolved copyright issues in e-publishing. He made
recommendations such as the development of new technologies, the establishment
of new business models, and the creation of a new legal framework.
Copyright
subsists in the online publication:
Publication means making a work
available to the public by issuing copies or by communicating the work to the
public[6].
The publishing of book and novels primarily depend on copyright law as it will
protect the author's rights and provide an exemption to the publisher to
publish the author's work in many copies for sale after getting consent from
the original owner based on a mutual agreement. According to the agreement, the
publishers are not obligated to do any act other than the work mentioned. It will be impossible for the publisher to
trade if there arises no agreement relating to publication from the author.
Usually, in India, the copyright protection tenure is the author's lifetime
plus 60 years after death. After the expiration of the tenure, anyone can
publish the work without paying the royalty to the author or his/her legal
heirs.
History of
Copyright Protection in the Publishing Industry in India:
India’s Publishing sector has a rich
and varied history with copyright protection that is a reflection of the
nation’s emergence with literature and different cultures. The history of
copyright law in India dates back to the colonial era when it was under British
Rule. During the British era, the Indian Copyright Act of 1847 was passed,
becoming the country’s first copyright law. This law provided copyright
protection to works printed within British India. India created its own
copyright laws in 1947 after independence in order to protect the rights of
writers, artists, and publishers. The Copyright Act of 1957 was a significant
milestone, shaping the legal framework for copyright protection in the country.
It granted copyright owners exclusive rights to reproduce, distribute, and
adapt their works, reflecting India’s commitment to intellectual property
rights.
Copyright protection has been
important in fostering a diversified literary and creative landscape in the
Indian publishing business. It gives writers, publishers, and artists the
ability to manage their intellectual property and get compensation for their
work. In recent years, as digital technology has transformed the industry,
copyright protection has become even more important. The Notion of copyright
has undergone continuous modifications in accordance with technical
breakthroughs, particularly the advent of digital publishing. Copyright
protection continues to be essential for authors and publishers in order to
safeguard their intellectual property rights and financial interests in the
face of emerging threats to the business, such as Internet piracy and
open-access publishing.
History of
Copyright Protection in the Publishing
Industry in the USA:
The United States publishing sector
has a lengthy history of copyright protection, protected by an established
legal system that upholds the rights of artists, publishers, and authors. The
US Constitution, which gives Congress the authority to adopt copyright laws, is
the cornerstone of copyright protection in the US. The US Copyright Act of 1790
was the first federal copyright law and it is where the history of copyright
protection in the country originated. The Copyright Protection was extended
to "maps, charts, and books" for a period of 14 years, renewable
for an additional 14 years provided, the author was still living. Since then,
there have been several important changes to copyright law, including the
Copyright Acts of 1909 and 1976, which influenced the current legal
system.
Copyright protection is essential for
encouraging creativity and innovation in the publishing sector. It gives
writers, publishers, and content producers more control over their intellectual
property, giving them the option to allow or prohibit the copying, sharing, and
modifying of their creations. In addition, financial compensation through
contracts, royalties, and licensing is based on copyright. It has changed in the digital era to
make use of new opportunities and problems. Digital content protection and the
prevention of internet piracy were addressed by the Digital Millennium
Copyright Act (DMCA) of 1998. Copyright holders are empowered to request the
removal of content that violates their rights from internet platforms due to
provisions in this law.
The growth of electronic books,
digital publishing, and online distribution channels has made the
implementation of digital rights management (DRM) technologies important in
safeguarding copyrighted works against unauthorized duplication and
distribution. DRM is a common tool used by publishers to protect digital
information, including e-books.
International
Consideration:
International treaties are
essential to the preservation of copyright. The United States abides by the
WIPO Copyright Treaty in addition to the Berne Convention and TRIPS Agreement,
which India has signed. The treatment of foreign works and the harmonization of
copyright are impacted by these agreements. The following features of the
increasingly worldwide digital publication environment draw attention to how important
international copyright considerations are:
·
International Treaties and Agreements: Many countries, such as the US and India, have
ratified international treaties and accords pertaining to copyright protection.
Among these, the most well-known is the Berne Convention for the Protection of
Literary and Artistic Works, which creates a framework for the international
protection of works protected by copyright in participating countries. Another
important agreement that covers copyright protection in the digital age is the
Copyright Treaty of the World Intellectual Property Organization (WIPO).
·
Harmonization of Copyright Laws: International treaties and conventions seek to
standardize copyright regulations so that authors have comparable protection
across national borders. This idea, referred to as “national treatment,”
guarantees that foreign works are granted the same level of copyright
protection as domestic ones. The international exchange of creative and
literary works, including e-publications, is facilitated by harmonization.
·
Cross-Border Licensing: Cross-border licensing
and the transfer of intellectual content across nations are made possible by
copyright agreements. When publishers in one nation want to distribute e-books
or other digital content in another, this is pertinent to e-publishing. The
terms and conditions for such international distribution might be outlined in
licensing agreements.
·
Digital Rights Management (DRM) and International Distribution: Geographical constraints are
frequently incorporated into DRM systems used in e-publishing to regulate the
accessibility and use of digital content. These limitations are shaped in part
by international factors, which allow publishers to abide by local copyright
laws and license contracts.
·
Emerging Challenges: The digital era brings with it additional difficulties for copyright
protection, including problems with user-generated material, global social
media networks, and streaming services. International agreements must change to
meet these issues and offer direction on how digital content should be handled
internationally.
Fair Use
and Fair Dealing:
Legal doctrines such as "fair
use" and "fair dealing" enable limited uses of content protected
by copyright without requiring consent from or payment to the copyright owners.
Despite having a similar goal, these ideas are applied and interpreted
differently in various legal systems.
Fair Use:
Under the fair use concept of US
copyright law, content protected by a copyright may be used for certain purposes,
including teaching, research, commentary, news reporting, and criticism,
without obtaining prior consent from the copyright holder. The U.S. Copyright
Act's Section 107 codifies fair use. The effort put forth by Google to digitize
millions of books and make them searchable and accessible online was at the
center of this legal dispute. The Authors Guild filed a lawsuit, alleging that
Google had violated copyright by scanning and displaying works that were
protected by copyright. The digitization and presentation of portions of
copyrighted works for the purpose of building a search engine were deemed
transformative and to fall within fair use, according to the court's decision
in favor of Google[7]. A
case-by-case investigation is required to determine if a certain use is
eligible for fair use, and the following considerations are considered:
·
Purpose and Character of the Use: When a usage is made for transformative, non-commercial
goals, fair use is more likely to be applicable. Transformative applications,
such as commentary, parody, or critique, give the original work a new
significance or worth.
·
Nature of the Copyrighted Work: The type of work being utilized is considered; factual or
non-fiction works are more likely to fall under the purview of fair use than
highly creative or fictitious works.
·
Effect on the Market: The market for the original work shouldn't be adversely affected by fair
usage. Usage is unlikely to be deemed fair use if it conflicts with the
original work.
Fair Dealing:
The concept of fair dealing can be
found in copyright laws across the Commonwealth nations of the United Kingdom,
Canada, Australia, and India. Similar to fair use, fair dealing permits
particular uses of copyrighted content without violating copyright. Fair
dealing, however, is typically defined more precisely and narrowly than fair
usage.
Though frequent purposes can include
research, private study, criticism, review, news reporting, and education, the
permissible reasons and the extent to which fair dealing can be used differ
from country to jurisdiction. In contrast to fair use, fair dealing frequently
imposes restrictions on the quantity of work that may be utilized and might not
allow for as much creative use.
Role of
Copyright in the Publishing Industry:
In the publishing sector copyright
plays a crucial role because it provides writers, authors, publishers, and the
creator of the work with the most comprehensive protection for their
intellectual property. It grants legal protection which guarantees safeguards
to the writer’s creation and is subjected to fair compensation for their
efforts. In order to promote innovation, creativity, and the continuous
creation of higher-caliber material, protection is very important. By having
protection for the publishing industry copyright confers the following
advantages to the publisher and the author.
·
Economic Rewards:
Publishers and authors depend on
copyright as it helps them to earn a living from their creative work. They are
paid for the use and distribution of their works through royalties and
licensing. To keep the publishing sector alive and stimulate the production of
fresh content, financial incentives are vital.
·
Motivates the Creator:
In addition to safeguarding artistic
creation, copyright serves as a strong motivator for writers to produce unique,
meaningful writing. Authors are encouraged to put in the time and effort
necessary to produce high-caliber work because they know their inventions are
protected by the law and can benefit financially and in terms of their
reputation. This financial incentive is essential to the publishing industry’s
long-term viability since it encourages the creation of original and creative
material.
·
Digital Challenges:
The advent of the digital era has
presented new difficulties for publishing copyrights. The ease of digital
distribution and copying has increased the possibility of copyright violation.
In order to adequately safeguard their content in the online environment,
publishers and authors need to modify their approaches.
·
Publishing Industry Integrity:
By serving as a barrier to pirated
and counterfeit copies, copyright protects the integrity of the publishing
sector. Ensuring that only approved versions of a work are released, stops
deceptive behaviors that may destroy consumer confidence and threaten the
financial stability of the sector.
Copyright
Subsists in the E-Books:
The rise of the digital era has
brought about drastic changes in the production, distribution, and consumption
of Books. Electronic Books or E-Books are becoming more and more common because
they give users easy access to traditional printed books. However, the
increasing use of e-books has also raised a number of copyright concerns and
difficulties that writers and readers should take into account. Similar to
printed books, e-books are covered by copyright laws. From the moment their
work is created, whether they are self-published or represented by publishing
houses, the work owns the copyright. This indicates that the e-books have
copyright protection and it is illegal to distribute, reproduce, or copy these
works without permission. It is entirely up to the authors to decide whether to
charge for their e-books or whether to sell, license, or give them away for
free. Digital Rights Management (DRM) technology is a major factor in copyright
protection in the field of e-books. Publishers and authors use DRM to prevent
illegal distribution or copying of e-books. The DRM restrictions that restrict
how an e-book can be shared are frequently encountered by readers when they buy
or borrow the e-book. International copyright problems are also introduced by
the worldwide nature of e-books and the internet. Different countries have
different copyright rules in order to protect and distribute their e-books globally.
The writers and the publishers need to understand the difficulties of
international copyright agreements.
Copyright
Ownership in Publishing:
Copyright Ownership is a fundamental
concept in the publishing industry, as it determines who has the legal rights
to control, use, and profit from creative works. For writers, publishers, and
other publishing industry participants, it is essential to comprehend the
complex nature of copyright possession. In the publishing industry, the author
usually has the first claim to copyright. An author automatically acquires the
initial copyright ownership when they produce an original work, such as a book,
article, or other literary piece. This indicates that they are the only ones
with the authority to copy, distribute, and modify their creations. With the
use of these rights, authors can decide how their work is used and can even
make money through royalties and licensing. In the publishing industry, it is
usual for authors to assign publishers all or part of their copyright
ownership. Advances and royalties are frequently given to authors in exchange
for this transfer. After that, publishers acquire ownership of the published
work's copyright, enabling them to distribute, promote, and safeguard it.
Copyright ownership in publications faces significant issues in the digital
age. Stronger enforcement and protection of copyright ownership are required
due to the increased prevalence of concerns like digital piracy and
unauthorized copying brought about by the ease of digital reproduction and
distribution.
Digital
Publishing and Copyright:
The creation, distribution, and
protection of material in the digital sphere are significantly shaped by the
interplay between digital publishing and copyright in the modern era. Authors
and artists are granted exclusive rights over a wide range of digital
creations, including software, e-books, online articles, and multimedia. This
is where copyright law comes into play. Intellectual property rights are
governed by the fundamental principle of copyright protection, which forms the
basis of the digital publication landscape. Copyright law gives content
creators exclusive rights over their works in order to protect their interests.
The Madras High Court observed in the case regarding trademark and copyright
infringement in the digital promotion of products. Though the focus in on
trademarks, it reiterated the importance of protecting intellectual property
rights in the digital marketing an e-publication of brands and products[8].These
rights encompass the authority over duplication, distribution, modification, and
the capacity to obtain monetary gains via licensing and royalties.
Copyright protection is an essential
factor in maintaining the integrity of work and is not limited to the
traditional publishing sector. It is also applicable in the digital sphere. Digital
Rights Management (DRM) technology is frequently used to protect digital
content by limiting unapproved duplication and distribution. In the digital
sphere, the idea of fair use is still applicable, allowing for the restricted
use of copyrighted content for things like criticism and commentary.
Permissions and licensing, which specify the conditions for sharing and
modifying digital works, are crucial elements. The persistent issue of online
piracy requires for strict copyright enforcement. Traditional copyright norms
are challenged by emerging technologies such as artificial intelligence (AI)
and international copyright considerations, while user-generated content and
open-access models add even more complexity. Digital publishers must manage
data gathering and usage within the parameters of copyright protection, which
raises additional privacy and data rights issues.
Licensing
and Permission of E-Publication:
In the realm of e-publication,
licensing, and permissions are essential because they provide a legal framework
that establishes the permitted uses, making, and distribution of digital
content. Content creators, authors, and e-publishers must grasp the
complexities of licensing and permissions in the digital age because there are
many ways of using their work. The following are the aspects of licensing and
permission usage in e-publication.
1. Licensing Models:
Different licensing models are
frequently used by e-publications to specify the terms and restrictions for the
usage of digital content. Bombay High Court held that statutory licensing does
exist for online streaming services and interim injunction will be granted for
the commission of infringement[9].
Typical models for licensing include:
·
All Rights Reserved: Under the traditional copyright paradigm, the product's author has
complete rights and anyone wishing to use it for anything other than fair use
must have the express consent of the owner. The Hon’ble Supreme Court of India
held that there is a need for proper licensing and royalties for copyrighted
musical works in the digital realm, establishing important principles for
e-content distribution[10]
·
Creative Commons: Content creators can decide the extent to which their work can be
shared, altered, and used with a variety of options provided by Creative
Commons licenses. These licenses encourage a harmony between open access and
copyright protection.
·
Public Domain:
Some material creators elect to waive all copyright rights by placing their
creations in the public domain. This makes it possible for anybody to use,
alter, and share the content without restrictions.
2. Permissions for Various Used Cases:
Depending on the particular use case,
different licensing and permissions may apply. Authors and e-publishers need to
specify the various contexts in which their work can be utilized. For example,
different license conditions might apply to content intended for commercial
use, educational usage, personal use, or modification into derivative works.
3. Open Access Publishing:
Academic and creative works are freely
accessible through open-access publication platforms. Authors of content have
the option to license their creations under open access agreements, which have
different restrictions on the uses, distribution, and modification of the work.
4. Permissions for Reproduction:
The conditions for reproducing
digital information are frequently specified in licensing agreements. This
covers the possibility of content duplication for readers' or users' personal
or educational use.
5. Adaptation Rights:
Permissions and licensing might
include the ability to make works that are derivative of the original content.
Authors and e-publishers have the option to indicate whether or not adaptations
like fan fiction, remixes, and translations are allowed.
6. Distribution and Sharing:
The sharing and distribution of
content is governed by licensing agreements. E-publishers have the option of
restricting content distribution channels, including social networking or
file-sharing websites or allowing content to be shared freely.
Copyright
Infringement in the Publishing Sector:
In the publishing sector, copyright
infringement is a serious problem since it threatens the fundamental basis of
intellectual property protection. It occurs when people or companies use
copyrighted material, replicate it, or distribute it without getting the
required permits or following the restrictions and exceptions set forth by
copyright law. The Delhi High Court barred the defendants from copying,
distributing, streaming, hosting any cinematographic work or show with internet
thus protecting the plaintiff and copyright owner from being victims of
copyright infringement[11].
The violation of copyright in publishing can take many forms, such as the
distribution of digital copies, the unapproved duplication of visual
components, and the reproduction of written consent. Unauthorized copying of
written works is a major concern when it comes to copyright infringement in the
publishing industry. This often includes the distribution and duplication of
books, essays, and other literary works without the consent of the owner.
Publishing unlicensed and duplicated copies in the market not only threatens
the financial interests of the publishers but also destroys the publishing
ecosystem.
·
Legal Steps to be taken by the publishing Industry:
In order to address copyright
infringement within the publishing industry, it involves various strategies.
The copyright owner and publishing houses can take legal action in a court of
law against the infringing parties for causing damage to their copyrighted work
by way of infringement.
Proactive Protection is another
important method of preventing infringement. In order to protect the work, the
authors and publishers need to take action. Some of these actions include
copyright registration, labeling the materials with copyright notices, and
getting Digital Rights Management (DRM) technology for digital publishing.
These precautionary measures serve as
deterrent punishment to infringers and a source of legal documentation if legal
action is required.
Conclusion:
The foundation of the publishing
industry, copyright acts as the center to protect intellectual property rights
and promote originality and creativity. Copyright protection is still essential
to maintaining the integrity of the industry in a world where ideas, texts, and
images are shared via a variety of media. The development of digital journals,
e-books, open-access models, and worldwide distribution has completely changed
the way that information and entertainment are shared. In the publishing
industry, copyright is more than just a legal concept. It is the cornerstone
that supports the sector's success. In addition to facilitating the spread of
information and culture, it offers the guarantee that the voices of writers and
other artists are acknowledged and heard. Publishers, authors, and readers must
all understand copyright intricacies because they have a significant impact on
the future of a sector that is always changing and adapting to new technology
and increased worldwide connectivity. Maintaining the health of the publishing
sector in the digital age and beyond requires striking a balance between these
interests.
[1] Section 2 of Copyright Act, 1957
[2] Imke Reimers; Copyright and
Generic Entry in Book Publishing, American Economic Journal: Microeconomics
2019
[3] Fernanda Rocha, Managing Copyright
in the Digital Age of Publishing and Advertising, International In-House
Counsel Journal Vol 7, No 25, 2013
[4] J.D. Lipton, Copyright,
plagiarism, and Emerging Norms in Digital Publishing, 16 VAND. J. ENT. &
TECH. L. 585 (2014)
[5] T.C. James, Copyright Issues in
E-Publishing, Journal of Intellectual Property Rights, Vol 8 July 2003
[6] Section 3 of Copyright Act, 1957
[7] Authors Guild vs Google 804 F.3d
202
[8] ITC Ltd vs Nestle India Ltd C.S.
No. 231 of 2013
[9] Tips Industries vs Wynk Music CS
IP(L) NO: 113 OF 2018
[10] Super Cassettes Industries Ltd vs
Music Broadcast Pvt Ltd Civil Appeal Nos. 4196-4197 of 2012
[11] Disney Enterprise Inc and Ors vs
Kim Cartoon and Ors CS(COMM) 275/2020