Triple Test: IPC vs TRIPS

ipr clat_pg intermediate mcq_debate

Yaar, I'm stuck with my friend on this one. Question: Who owns the copyright of a movie in India? A) Producer B) Director C) Author of the screenplay D) Author of the music

My friend says A) Producer, citing section 17 (1) of the Copyright Act, 'In the case of a cinematographic film, the exclusive right of the producer thereof to make any adaptation of the work'. He thinks it's clear-cut, kya?

But I'm not convinced. According to TRIPS Article 14, 'Authors of literary and artistic works shall have the exclusive right to authorize or prohibit all sorts of exploitation of their works by third parties, including the right to authorize or prohibit direct or indirect reproduction by any process whatsoever.

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Parth ยท LLM Scholar

Ahana, yaar! So, we're discussing Triple Test IPC vs TRIPS. Kahan toh main yehh bol raha hoon, Triple Test under TRIPS is more stringent coz it's based on 'ordinary course of trade'. Agar compare karein IPC ka test se toh TRIPS ka test mukhyamantri ko bhi khatre mein padega!