Banerjee, Arpan (2016) Copyright piracy and the Indian film industry: a “realist” assessment. Cardozo Arts & Entertainment Law Journal, 34 (3). pp. 609-698. ISSN 0736-7694
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In India, the academic discourse surrounding intellectual property (IP) has been marked by great skepticism. Global IP laws have been viewed as a Western imposition detrimental to national interests. In this paper, I will make the case for a “realist” approach to film piracy in India, i.e., an approach that is rooted in legal pragmatism and draws from the New Legal Realism (NLR) movement. I will suggest a rough template for such an approach, referring to seven broad elements: a) international relations realism; b) contextualization of IP; c) contextualization of copyright; d) the views and interests of the film industry (including creators); e) the working of the pirate economy; f) the law and its enforcement; and g) reforms in the law and industry strategies. In keeping with the spirit of NLR, I will explore a range of top-down and bottom-up perspectives. I will conclude by commenting on the feasibility of certain legal reforms.
Item Type: | Article |
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Keywords: | Intellectual Property | India | Copyright | Piracy |
Subjects: | Social Sciences and humanities > Social Sciences > Law and Legal Studies |
JGU School/Centre: | Jindal Global Law School |
Depositing User: | Subhajit Bhattacharjee |
Date Deposited: | 10 Jun 2022 10:35 |
Last Modified: | 10 Jun 2022 10:35 |
Official URL: | https://www.cardozoaelj.com/wp-content/uploads/201... |
URI: | https://pure.jgu.edu.in/id/eprint/3347 |
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