Legal Question in Intellectual Property in India

Internet copyright laws outside of the u,s,

I am considering putting up a website where I plan to sell CD's of the voice of a reasonably well-known personality talking about his life. The site will be registgered in India or another country, hosted in that country or another, with an offshore or U.S. merchant banker to collect my money though credit cards and send my profits to an offshore bank. The original tape, which i recorded, belongs to me, however, I do not have the copyright and dont think I could get it from the personality. I have been told that if I register the site in my name in America and sell my product, I would be subject to US copywrite laws and the well-known personality could threaten a civil suit. But my question is, what can this person do to me if I am registered in another name than mine, in another country, and the site is also hosted in another country not subject to U.S.A. laws. Am I then within my legal rights, or at least, can I keep my site up without fear of reprisal?


Asked on 2/01/02, 12:07 pm

3 Answers from Attorneys
Umesh Bhagwat Bhagwat&Co.

Re: Internet copyright laws outside of the u,s,

Infringement of copyright is an offence irrespective of which country a person is based.Even if you are based in any other country you can be proceeded against.

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Answered on 2/01/02, 10:39 pm
Kamal Verma Kamal V. Verma & Associates

Re: Internet copyright laws outside of the u,s,

I am sorry to inform you that there is no defence

mechanism for infringement of copyright under the

present legal set-up. It will be advisable if you

can obtain licence / overseas rights of

copyright for the same which will give legal

rights to you to conduct the business without any

fear.

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Answered on 2/02/02, 4:08 am
Satish Maheshwari Vakilbabu

Re: Internet copyright laws outside of the u,s,

Dear Friend,

I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.

Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.

We believe you shall understand.

Warm regards and happy new year

Satish Maheshwari.

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Answered on 2/01/02, 1:47 pm


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