Copyright Piracy and the Indian Film Industry: a “Realist” Assessment
BANERJEE ARTICLE (Do Not Delete) 10/28/2016 3:03 PM COPYRIGHT PIRACY AND THE INDIAN FILM INDUSTRY: A “REALIST” ASSESSMENT ARPAN BANERJEE* Abstract 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) Permission is hereby granted for noncommercial reproduction of this Article in whole or in part for education or research purposes, including the making of multiple copies for classroom use, subject only to the condition that the name of the author, a complete citation, and this copyright notice and grant of permission be included in all copies. *Alexander von Humboldt Foundation German Chancellor’s Fellow, Bucerius Law School, Hamburg (2016-17); Assistant Professor and Executive Director, Centre for Intellectual Property and Technology Law, Jindal Global Law School, India (on research leave). A shorter version of this paper was awarded first prize at the 9th ATRIP Essay Competition for Young Researchers in Intellectual Property Law (2015), and presented at the 35th ATRIP Congress at Jagiellonian University, Krakow, 26-29 July, 2016.
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