Information technology related intellectual property rights: Discussed using various case studies

Type :

Term papers

Pages :

10 pages

Format :

.doc

Published date :

04/23/2009

Category :

Law & contracts

Sub category :

Other law subjects

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Summary :

Problem
Question presented
1. Can the photographs taken be termed as 'pornographic'?
International perspective on child pornography
Jurisdictional claims of US over India
1. If the photos were not posted on internet
2. If the photos were posted on Internet
Problem
Introduction
Rival claims and different classes of goods
The present case
The need of data protection
International regime
The united nations
European union
Databases and Sui Generis protection
Database protection and India
Legislative activism
Judicial intervention
Single click and patent protection
Conclusion: The present case

Abstract

Ms. Rukmini residing in India has taken photographs of small children as a professional photographer. The photographs are taken on the theme of expression of babies. As is present in India, children are like God and hence it does not matter if the photographs are nude. This was an issue in USA as such kind of photography is defined as pornographic photographs and is expressly prohibited from being publicly exhibited. Discuss the jurisdictional issues. The facts state that photographs of small children were taken by Ms. Rukmini in India, some of them being nude. It does not state that the photos were published either in USA or in India. In absence of any such publication on the internet or otherwise, there can be no standing for USA to legally object the photos from being displayed in India. Due to the uncertainty of the issue relating to the place and manner of publication, the following instances have been assumed and answered accordingly.