National Webinar | Copyright & the protection of expression in the media and Entertainment Industry

The National Webinar is jointly organised by DPIIT IPR CHAIRS : WBNUJS, NLSIU, GNLU, IIT Roorkee and Tezpur University.

Overview

Technology and innovation are driving in the media and entertainment industry. This includes everything from cutting-edge special effects developed for movies (and then adopted across other industries) to streaming media, virtual reality gaming, and new delivery channels for news, music, and advertising. This has had major implications for legislators, policymakers, judges, advocates, lawyers, and students of law. For instance, freedom of speech and expression has extended from the physical format to digital and social media, giving rise to the hitherto unknown problems of fake news, online abuse, sponsored posts, harassment, etc. that have the public and private scuttling for measures to contain. It is believed that many such challenges will arise in the future. They are bound to evolve with the practice of law in courts. Even minor changes and developments can force one to ponder if the legal and regulatory systems are equipped to deal with such shifts.

With digitalization and globalization gaining impetus in the production of content; the media and entertainment industry is thriving through momentum due to dilution and ease in relaxations of various regulations in the governance of the broadcasting sectors by the government. The intangible rights like Creative works and innovative works coupled with unique creations of the inventor, essentially implying Copyright often demands protection from data theft, duplication, and piracy concerns. Moreover, the Country’s film, television, and online video services industries contribute a gross output of INR 349 thousand crore and employ 2.6 million people. The media and entertainment sector grew at a higher rate than the economy (7.8%) in 2019. It has consistently improved its ranking on the WIPO Global Innovation Index (46th in 2021 from 52nd in 2019). The creative industries not only entertain and create employment opportunities, but also help and promote country’s creative and cultural industries across the world. The creative sector has the potential to build innovative and new experiences and reflect India’s soft power. Therefore, creating copyright awareness among the youth of the country becomes imperative. It is evident that digitalisation has opened up a world of opportunities for the media and entertainment industry. At the same time, it has threatened and disrupted the traditional methods giving way to emerging business and work models. Internet penetration has revolutionised e-commerce, brand building, public outreach, online streaming, etc. It has also brought certain issues to the forefront that include online trolling, surveillance, stalking.

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Celebrating 10 Years! | BA LLB (Hons) | Batch of 2012

NLSIU’s BA LLB (Hons) Batch of 2012

This weekend, NLSIU is excited to host a campus reunion for the batch of 2012 as they celebrate 10 years of their graduation from law school.

On May 27, 2023, our alumni from the 2012 batch will be spending the day on campus re-connecting with batchmates, faculty, and other members of the NLS community.

The first such campus reunion post pandemic took place in July 2022 with the batch of 2011. We were delighted when the batch of 2012 too reached out to plan their reunion on campus. We asked them to share their thoughts and this is what they had to say:

“Time flies, doesn’t it? It’s hard to believe that it has already been 10 years since we walked across that stage together, filled with dreams and aspirations for the future. As we embark on this exciting milestone, we can’t help but feel a surge of nostalgia and anticipation for our upcoming reunion.

It seems like just yesterday we were juggling exams, “last last day” project submissions, late-night trips to Chetta, unforgettable adventures, and forging bonds that have lasted a decade. Now, we stand at the threshold of a reunion, an opportunity to reconnect, reminisce, and celebrate how far we’ve come since those unforgettable university days.

Our reunion promises to be more than just a gathering of familiar faces; it’s a chance to rediscover the spirit of camaraderie that defined our time together. Whether you’ve pursued your passions, climbed corporate ladders, started businesses, or dedicated yourself to noble causes, this reunion serves as a testament to our collective accomplishments.

Imagine the stories we’ll share, the laughter that will fill the room, and the memories that will flood our minds. It’s a chance to catch up with old friends, renew friendships, and create new connections. We’ve all embarked on unique journeys, and this reunion is an opportunity to honor the diverse paths we’ve taken while celebrating the common thread that unites us.

Join us as we gather once again, as the Batch of 2012, to reminisce about late-night conversations in the acad, Univ Week shenanigans, and the cherished friendships that stood the test of time, to reconnect with professors that had a profound impact on our lives, and explore how the once familiar campus walls have changed over time.

Mark your calendars, reconnect with your fellow batchmates, and get ready for an unforgettable reunion that will remind us of the enduring spirit of our law school years. Together, let’s celebrate a decade of growth and the infinite possibilities that lie ahead!

We are very grateful for NLS for hosting us and can’t wait to see you all at the reunion!”

Alumni Reflections

The event was an opportunity for our alumni to reconnect with each other and the NLS community, share their experiences and stories, and reminisce about their time as students on campus. Besides nostalgia and a celebration of friendships, this reunion also was an opportunity to foster meaningful conversations, form new connections, and further strengthen the alumni network. The day included a brief address by NLSIU’s Vice Chancellor Prof. Sudhir Krishnaswamy, a lunch with faculty and staff, a campus tour, a photo session, and high tea.

Vrinda Bhandari, Advocate on Record, Supreme Court of India, Class of 2012:

“It was a wonderful experience and a great way to reconnect with old friends and reminisce about the “good old days”! Seeing the old acad block, the basketball court, Nilgiris hostel, the new library, and meeting some of our professors made me very nostalgic. The university also gave us a copy of our admission forms written in 2007 – reading the answers to why we wanted to study law was super fun!”

Ankita Godbole, Associate (International Arbitration) at Lévy Kaufmann-Kohler, Class of 2012: 

“The 10-Year Reunion was a lovely and fun walk down memory lane. It was great to visit Law School, meet the professors and take a look around campus; seeing how much had changed, but equally, how much had remained just the same. The highlight, however, was reuniting with my classmates, attempting to catch up on the last 10-years of their lives in two days, and realizing that while we had all gone places in life, we were still the “enthu” Batch of ‘12!”

Sowjhanya Shankaran, Advocate at Chambers of Siddharth Aggarwal, Class of 2012:  

“Being back at NLS 11 years after we graduated was both overwhelming and reassuring at the same time! While there have been so many wonderful new changes to the campus, it was truly like homecoming being able to meet many of our old professors and all the library staff. Our discussion with Prof. Sudhir Krishnaswamy was especially eye opening — kudos on his efforts to strengthen the law school faculty and in enabling institutional mental health support for students. I will most fondly remember reconnecting with old friends at the familiar spots on campus and reading our 11-year old admission forms. A huge thanks to Akanksha Sharma and Sanchet at the NLS Alumni Office for so brilliantly bringing it all together!”

We look forward to hosting more such milestone gatherings for other batches and courses in the years ahead!

For any other information, please write to Ms. Sowjhanya () or Ms. Leeneshwari () from the batch of 2012, or to

Moments from the Reunion

 

 

 

Faculty Seminar | Making India an Arbitration Hub: Does India Need a Separate Law for International Arbitration

On May 24, 2023, our faculty colleagues Sahana Ramesh and Sharada Shindhe will discuss the consultation paper prepared by them titled ‘Making India an Arbitration Hub: Does India Need a Separate Law for International Arbitration’.

Abstract

This paper examines whether India needs a separate arbitration law for international commercial arbitration. To do this, we consider both factors like legislative provisions and their interpretation by courts, as well as systemic factors that contribute to the popularity of a jurisdiction as an arbitral seat. We analyze whether the domestic and international commercial arbitration laws in India, found in Parts I and II of the Arbitration and Conciliation Act of 1996, pose any challenges in conducting arbitration and enforcing foreign awards in India, leading to increased judicial intervention. We start by examining the structure of the 1996 Act and how Parts I and II relate to each other. Our analysis considers whether this distinction has made the arbitration process easier in India and made it a preferred location for arbitration. We also look into the many overlaps between Parts I and II that have resulted in greater judicial oversight and how judicial interpretations have helped resolve some of these overlaps while others remain unresolved. Additionally, we discuss parliament’s role in amending the legislation and clarifying the application of Parts I and II. The paper also examines the position in other countries on similar issues, and considers the approaches taken in those countries. The foreign jurisdictions considered are nations where institutional arbitration is prioritized. This paper investigates the factors that have contributed to their popularity.

National Law School-Trilegal International Arbitration Moot | May 18-21, 2023

The Moot Court Society, a student run society at NLSIU, along with Trilegal, a leading corporate law firm, are organizing Edition XVI of the National Law School-Trilegal International Arbitration Moot (NLSTIAM) in collaboration with India’s leading law firm Trilegal. The moot will be held from 18th to 21st May 2023.

About NLSTIAM

NLSTIAM is NLSIU’s pioneering initiative to increase student engagement with international arbitration law and practice. As South Asia’s largest arbitration moot, it provides students in India and neighbouring countries with a unique opportunity to gain a working understanding of arbitration through a simulated version of arbitral proceedings. The Moot has steadily garnered a reputation as one which deals with the most cutting-edge issues in
contemporary arbitration law and has attracted participation from India and the world. It holds the distinguished achievement of being the largest arbitration moot in South Asia.

In the past, the Grand Finals at NLSTIAM have been judged by several eminent figures in international arbitration, including the likes of Prof. Martin Hunter, Justice BN Srikrishna, Mr Steven Finizio, Mr Devashish Krishan, Ms Sophie Nappert, Dr Gary Bell and Mr Nish Shetty amongst many others.

Panelists

Our Adjudicatory Panel for the Finals comprises:
1) Justice A.S. Oka, Judge at the Supreme Court of India.
2) Mr Steven Finizio, Partner (International Arbitration) at Wilmer Hale, London.
3) Dr Friedrich Rosenfeld, Global Adjunct Professor of Law at NYU Paris.
4) Ms Shwetha Bidhuri, Director & Head (South Asia) at SIAC.

The case-study drafting committee for this edition comprises also features illustrious practitioners in the field:
1) Mr Niranjan Venkatesan, Barrister at One Essex Court, London.
2) Mr Arish Bharucha, Partner, Chair of the India Group at Howard Kennedy.
3) Mr Vignesh Ramakrishnan, Associate Legal Manager at ITC.

The problem deals with intricate matters involving International Commercial Arbitration law. Our sponsors for the event are:
1) Trilegal, one of India’s leading corporate law firms (Title Sponsor)
2) SCC Online, the legal research database (Media Partner)
3) Singapore International Arbitration Centre (SIAC), a global non-profit institution (Associate Sponsor)
4) WilmerHale, an international law firm (Associate Sponsor)

We hope to see eager participation from universities across India and the globe. With this, we welcome all the participants to the NLSTIAM and wish them the best of luck!

For more details, visit www.nlstiam.info

 

 

National Law School – Trilegal International Arbitration Conference | May 18, 2023

The Moot Court Society, a student run society at NLSIU, along with Trilegal, a leading corporate law firm, are organizing the VI Edition of the National Law School-Trilegal International Arbitration Conference (NLSTIAC). The event is scheduled to be held from 12:30 pm to 5:00 pm on 18th May 2023 in the Krishnappa Memorial Hall at the NLSIU campus.

About the NLSTIAC

The NLSTIAC is an annual event that takes place alongside the National Law School Trilegal International Arbitration Moot (NLSTIAM). This year, the conference is held in collaboration with the National Law School Business Law Review (NLSBLR). The conference provides a unique opportunity for students, researchers, arbitration professionals, lawyers, and corporate firms to engage on contemporary issues impacting international arbitration in the ever-evolving legal and economic environment. The conference also offers participants the chance to engage with arbitration experts, academics, and professionals on these important themes. The conference aims to provide a platform for participants to engage in discussions and debates on these important themes and to learn from arbitration experts, academics, and professionals. The Conference will consist of two panel discussions.

The theme for discussion for Panel I of NLSTIAC is “Proper Law of Arbitration Agreements.” The panellists for Panel I discussion are:

1) Mr Steven Finizio, Partner (International Arbitration) at WilmerHale, London.
2) Mr Pallav Shukla, Partner (Dispute Resolution, White-Collar Crime) at Trilegal.
3) Ms Shruti Sabharwal, Partner (Dispute Resolution) at Shardul Amarchand Mangaldas.
4) Mr Pramod Nair, Senior Advocate and leading Arbitration Practitioner.
5) Ms Shwetha Bidhuri, Director & Head (South Asia) at Singapore International Arbitration Centre.

The theme for Panel II’s discussion pertains to “Challenging an award based on the Tribunal’s Treatment of Evidence.” We have another stellar panel for this discussion comprising:

1) Prof. Friedrich Rosenfeld, Partner at Hanefeld in Hamburg and Global Adjunct Professor of Law at NYU in Paris.
2) Ms Tine Abraham, Partner (Dispute Resolution, Restructuring, Special Situations and Insolvency Arbitration) at Trilegal.
3) Mr Ganapathy Subbiah, Partner (Dispute Resolution) at Khaitan & Co.
4) Ms Shanelle Irani, Senior Associate (Litigation/Controversy and International Arbitration) at WilmerHale, London.

For any queries, please write to

NLS Faculty Dr. Ashna Singh at BIC | Caste Pride: Battles for Equality in Hindu India

NLS faculty member Dr. Ashna Singh will be speaking at a panel discussion on the book “Caste Pride: Battles for Equality in Hindu India” at the Bangalore International Centre on May 21, 2023. The book is authored by Mr. Manoj Mitta, a Delhi-based journalist focusing on law, human rights and social justice.

The session will begin with a performance by singer & filmmaker, Shabnam Virmani, followed by a presentation by the author, Manoj Mitta. This will be followed by the panel discussion with Manoj Mitta, Ashna Singh and Sudipto Mondal (Executive Editor, The News Minute), and moderated by Jayna Kothari (Senior Advocate and Co-founder of the Centre for Law and Policy Research). The event will take place from 5-7 pm.

Background (Source: BIC)

In the book, Caste Pride, the author Manoj Mitta examines the endurance and violence of the Hindu caste system through the lens of the law. Linking two centuries of legal reform with social movements, he unearths the characters, speeches, confusions and decisions that have shaped the war on caste, mitigating how this ancient institution discriminated between Hindus across the board. Where they could live, how they could dress, whether they could go to a shop, a stream, walk a street or mingle, enter a temple, whom and how they could marry, which scriptures applied to whom, whether their actions, innocent or criminal, would attract punishment or impunity?

Describing brilliantly the passage of Hinduism into its modern avatar, the book celebrates women and men across the caste spectrum—pioneers Savitribai Phule, M.C. Rajah, R. Veerian, B.R. Ambedkar, Periyar, Vithalbhai Patel and others—and outside of the caste system, such as non-Hindu legislators and administrators, including Maneckji Dadabhoy, William Bentinck and Lord Willingdon. It re-examines the positions of leading lights such as Motilal Nehru, Thomas Munro, Mahatma Gandhi and C. Rajagopalachari, and shows why caste prejudice cleaves to names like Madan Mohan Malviya and Surendra Nath Banerjea. Through these histories of reform, Mitta establishes that untouchability is merely the best-known aspect of varna, an elusive purity-based hierarchy that affects the freedoms of all.

To RSVP, please visit this page.

 

 

“Lingayats: Their Faith and Vote in Karnataka” | 3rd Sri. Hunasikote Abdul Ghaffar Annual Memorial Lecture

The Institute of Public Policy is organising the 3rd Sri. Hunasikote Abdul Ghaffar Annual Memorial Lecture on May 19, 2023 at 4 pm. The lecture will be delivered by our guest speaker Dr. A Narayana from Azim Premji University on the topic ‘Lingayats: Their Faith and Vote in Karnataka.’

About the Lecture Series

This memorial lecture was initiated by the Institute of Public Policy with the support of Prof. Adbul Aziz, Chair on Religious Minorities, NLSIU in memory of his father Sri. Hunasikote Abdul Ghaffar. Mr. Ghaffar passed away in 1982 in Hunasikote at the age of 74.

The first lecture in this series was delivered by Prof. Karkala Seetharam on April 3, 2019 on the topic “Human Rights as Public Policy.” The second lecture was delivered by Shri. Cyril Diengdoh, IAS, on April 4, 2022 on the topic “Challenges of NREGA in Sixth Schedule Areas.”

About the Speaker:

Dr. Narayana is currently with Azim Premji University where he teaches Political Philosophy and Indian Politics, Law and Governance and Governance Challenges in India.

He has over two decades of experience in the media, academics and consultancy. With a master’s in economics, he started his career as a journalist with the Bangalore-based English daily, Deccan Herald, and switched to academics after obtaining his doctorate from the Institute of Development Studies (IDS), University of Sussex, United Kingdom, with the Ford International Fellowship. Worked as Associate Professor at the School of Media Studies, Manipal University, Manipal and as Assistant Professor at the Indian Institute of Journalism and New Media, Bangalore. He was the Karnataka State Coordinator for the World Bank’s Land Governance Assessment Framework and a consultant for the Karnataka Government’s High-Power Committee on Restructuring the Governance of Bangalore City. He was also a member of the Election Commission of India’s technical committee on electoral literacy. He writes regularly in Kannada and English newspapers.

A Court recall that impacts the rights of the accused | Opinion Piece by NLS Faculty Preeti Pratishruti Dash

NLS faculty member Preeti Pratishruti Dash’s Opinion piece has been published in The Hindu titled, “A Court recall that impacts the rights of the accused.” The piece looks into the Supreme Court’s decision to recall its own order in Ritu Chhabaria vs Union of India “which would deviate from the fundamental principles of criminal procedure.”

Excerpt: 

The Supreme Court of India’s order on May 1, seeking to recall its own decision in Ritu Chhabaria vs Union of India upon the insistence of the Solicitor-General of India, Tushar Mehta, that central investigation agencies were ‘facing difficulties’, has caused concern among legal professionals. Besides the questionable legality of the Court ‘recalling’ its own decision, what is of concern too is how this order would impact the rights of the accused to be released from custody. On May 12, in its interim order, the Supreme Court clarified that courts could grant default bail independent of and without relying on the Ritu Chhabaria judgment. However, the Court’s decision to suspend the rights of defendants in criminal cases would lead to further erosion of the constitutional rights of the accused and deviate from fundamental principles of criminal procedure…

The online link of the article is available here.

 

 

Worlds Words Weave: Queer Explorations towards Constructing Reality on Our Own Terms

Members of the NLS Queer Alliance (NLSQA), a student collective at NLSIU, will be speaking at the Bangalore International Center on 20th May from 6:30 PM to 8:30 PM.  The session titled “Worlds Words Weave: Queer Explorations towards Constructing Reality on Our Own Terms” will be an interactive one with the conversation linking anecdotes, polemics, popular culture, legalese and semantics in general. The session will entail 5 speakers from the NLSQA talking about words like family, joy, etc and their meaning to queer individuals.

NLSQA Speaks | About the event 

“Through this conversation, we seek to explain what words mean to the queer community and highlight how language has historically deprived the queer community of participating in public discourse. While at the same time, we shall endeavor to reclaim and redefine these words.

The Queer community has been thrusted into hypervisibility following the widespread publicity of the Marriage Equality petitions in the Supreme Court. The hearings saw the usage of many terms, concepts, and identities integral to the Queer experience. However, the meanings of these words got distorted and confused as they went through the grapevine of petitions, media coverage, and popular discourse.

Language and vocabulary are important tools in any social movement. It sits at the epicenter of any hegemony. The pervasive power of language is visible in how we write our laws and our stories. When the speakers of the language cannot find words to describe themselves, it is imperative that we embrace new words and the worlds that they weave. The fight for the recognition of the rights of queer people seeks to challenge this semantic and linguistic cis-heteronormativity.

Through this session, the NLSQA seeks to reach out to the wider community, highlight the power of language, showcase the queer usage of everyday words, explain what certain words mean to queer individuals, and most importantly, draw links between pop culture, the law and colloquial language.”

About the speakers:

  • Dhawal M, Convenor, NLS Queer Alliance, and third-year B.A., LL.B. (Hons.) student
  • Sarthak Virdi, Student & Member, NLS Queer Alliance, and second-year B.A., LL.B. (Hons.) student

If you are interested in attending the event, please RSVP here.

 

Faculty Seminar | Dr. Arul George Scaria’s Report for the Delhi High Court   

In our next faculty seminar on 17th May, Dr. Arul George Scaria will discuss a report he prepared for the Delhi High Court.

Abstract of the Report:

Sec. 52(1)(za) of the Copyright Act 1957 is an important exception provision under the Indian copyright law. It exempts from copyright infringement liability public performance and communication to the public of certain types of copyrighted works in the course of bonafide religious ceremonies and official ceremonies. The explanation provided with the provision mentions that ‘religious ceremony’ includes marriage procession and “other social festivities associated with a marriage”. But the scope and limitations of this exception provision remained largely untested. Recently, a copyright infringement case was initiated before the Delhi High Court by Phonographic Performance Limited (PPL), which issues licenses for public performance of sound recordings assigned to it by copyright holders, against Lookpart Exhibitions and Events Private Limited (Lookpart), which provides event management services for different social events including weddings. PPL argued that Lookpart was using the sound recordings for social events, including weddings, without obtaining any license from PPL. Lookpart relied on the exception provided under Sec. 52(1)(za) of the Copyright Act, 1957 to argue that use of sound recordings during marriage ceremonies or other social events connected with marriage does not amount to infringement of copyright under Sec. 51 of the Copyright Act 1957. As music is an integral part of marriage ceremonies and festivities associated with marriages in India and as the questions of law involved in the matter has enormous implications for creative artists and copyright owners on one hand and users of copyrighted works, including organisations involved in the management of weddings and other social events on the other hand, the court appointed an independent expert on the matter to examine the scope and historical context of Sec. 52(1)(za). This was also important in view of the fact that not much academic deliberations or judicial opinions were available on the provision, in spite of its socio-cultural significance in the Indian context. This report, prepared by the independent expert appointed by the Court, examines in detail the social, cultural, historical and legal dimensions of Sec. 52(1)(za). The report was submitted to the Court on July 5, 2022.