Category: Volume 5 and Issue 5 of 2025

WHETHER LIVE CONCERTS AMOUNT TO COPYRIGHT INFRNGEMENT

AUTHOR – YUVRAJ GOGIA* & DR. NEHA**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSISTANT PROFESSOR –I AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – YUVRAJ GOGIA & DR. NEHA, WHETHER LIVE CONCERTS AMOUNT TO COPYRIGHT INFRNGEMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 952-956, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This study delves into the nuanced intersection of copyright law and live music performances, particularly focusing on whether live concerts constitute copyright infringement. At its core, copyright law grants creators exclusive rights over the reproduction, performance, and distribution of their original works, including musical compositions and sound recordings. The paper explains that when performers render their own creations, no infringement arises. However, performing works owned by others requires obtaining licenses, typically facilitated by Performance Rights Organizations (PROs) such as the Indian Performing Right Society (IPRS). Venues often secure blanket licenses to allow a broad range of performances without breaching copyright law. Nevertheless, unlicensed performances—even in charitable or non-profit contexts—can lead to infringement claims.

The paper further explores the complex nature of copyright in sound recordings, which encompass multiple layers of ownership involving lyricists, composers, music directors, and producers. These intricate rights create challenges in enforcement and licensing, particularly with the advent of digital distribution, remix culture, and AI-generated music. Legal ambiguities also arise in fair use interpretation and international inconsistencies in performers’ rights.

Through analysis of recent case law, including IPRS v. ENIL and Novex Communications v. Hyatt, the paper underscores judicial recognition of the distinct rights held in sound recordings and the implications of their unauthorized public use. These cases reinforce the necessity of obtaining proper licenses for both live and recorded music to ensure compliance with copyright law. Ultimately, the study advocates for a balanced legal framework that safeguards creators’ rights while embracing technological and cultural evolution.

INFLUENCE OF OCCUPATIONAL SEGREGATION AND TRADITIONAL GENDER ROLES ON WAGE DISPARITIES

AUTHOR – JANANI K, STUDENT AT THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – JANANI K, INFLUENCE OF OCCUPATIONAL SEGREGATION AND TRADITIONAL GENDER ROLES ON WAGE DISPARITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 944-951, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This study examines occupational segregation and stereotypical gender roles as the main causes of lingering wage gaps between men and women. In spite of progress made in gender equity, women are disproportionately represented in lower-paying professions and industries, while men lead in higher-paying industries. This research examines structural and cultural underpinnings that perpetuate this split and lead to differential pay.

Occupational segregation has been recognized as a major structural barrier, and female-dominated careers are found to pay less despite controlling for qualification and experience. Caregiving responsibilities and cultural expectations of caregiving roles in traditional gender constructs further restrict the entry of women into better-paid jobs and also cause career discontinuity that takes a toll on earnings. The study points to how social expectation shapes occupational activity, directing women into occupations seen as caregiving and devalued.

The research also explores how wage penalties are more pronounced in female-dominated high-skilled jobs and how low-skilled industries compound women’s economic vulnerability. Relying on international evidence, such as the United States, Australia, and Ethiopia, the paper debates the intricate dynamics between labor market structures and cultural norms.

Policy suggestions target elimination of these differences through comparable worth legislation, transparency in pay and increased work-life balance support including parental leave and flexible working conditions. The study concludes that it is necessary to address both the structural and cultural aspects in order to close the gender wage gap and ensure equal labor market outcomes.

Keywords: Occupational Segregation, Gender Roles, Wage Disparities, Gender Pay Gap

A STUDY ON CORPORATE SOCIAL RESPONSIBILITY

AUTHOR – S. NARMATHA* & DR. S. MARUTHAVIJAYAN**

* STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, CHENNAI

** ASSISTANT PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – S. NARMATHA & DR. S. MARUTHAVIJAYAN, A STUDY ON CORPORATE SOCIAL RESPONSIBILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 939-943, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract :

Corporate Social Responsibility (CSR) is a crucial aspect of modern business strategy, emphasizing ethical practices, environmental stewardship, and community engagement. As businesses increasingly recognize their role beyond profit-making, CSR has emerged as a key driver of sustainable development, corporate reputation, and stakeholder trust. This study examines the fundamental principles of CSR, its impact on businesses and society, the challenges companies face in its implementation, and case studies showcasing successful CSR initiatives. The findings highlight the importance of integrating CSR into core business strategies to enhance long-term profitability, social well-being, and environmental sustainability. Additionally, this study explores how businesses can balance financial performance with ethical responsibilities while adapting to changing consumer expectations and regulatory demands. Through a detailed analysis of CSR practices, this study provides insights into the evolving role of businesses in fostering social and environmental progress.

LEGAL AID AND FAIR TRIAL: ANALYZING CONSTITUTIONAL PROVISIONS AND PROCEDURAL BARRIERS

AUTHOR – JANVI BHARTI* & VATSAL CHAUDHARY**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY. EMAIL: DABIYANJANVI@GMAIL.COM

** ASSISTANT PROFESSOR, LAW COLLEGE, DEHRADUN, UTTARANCHAL UNIVERSITY, EMAIL: VATSALCHAUDHARY@UUMAIL.IN

BEST CITATION – JANVI BHARTI & VATSAL CHAUDHARY, LEGAL AID AND FAIR TRIAL: ANALYZING CONSTITUTIONAL PROVISIONS AND PROCEDURAL BARRIERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 933-938, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

There is a linked concept of legal aid and fair trial serve as essential features for constitutional democracies with specific emphasis on India. Foreign to the Indian Constitution Article 21 establishes these rights as vital protects that enable justice access and enforce the rule of law. The document analyzes legal aid delivery mechanisms through Indian constitutional applications and Supreme Court rulings and Legal Services Authorities Act 1987 statutory guidelines. The document defines essential fair trial conditions and spotlights essential institutional limitations which block their execution by showing insufficient legal information access along with bad representation and extended judicial processes and discriminatory systems. The article provides practical recommendations for legal awareness and service quality improvement that uses technology within judicial processes and draws its insights from UK, USA, and South African experiences. The system needs an integrated rights-focused strategy to convert theory into actual delivery of legal aid services for disadvantaged groups.

SHELL COMPANIES, TAX EVASION, AND THE LEGAL FRAMEWORK IN INDIA

AUTHORS – SHISHIR TIWARI* & DR AXITA SHRIVASTAVA**

* LL.M (BUSINESS LAW), AMITY UNIVERSITY, LUCKNOW.

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY, LUCKNOW.

BEST CITATION – SHISHIR TIWARI* & DR AXITA SHRIVASTAVA, SHELL COMPANIES, TAX EVASION, AND THE LEGAL FRAMEWORK IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 922-932, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This paper provides a comprehensive analysis of shell companies and their role in facilitating tax evasion within the Indian context. It examines the legal and financial characteristics of these entities, differentiating between their legitimate and illegitimate uses. A significant challenge identified is the absence of a specific statutory definition for “shell company” in the Companies Act, 2013, creating regulatory loopholes. The paper details various tax evasion methodologies employed using shell companies, including layering, fictitious invoicing, round-tripping, and treaty shopping. It further analyses the existing legal framework – encompassing the Companies Act, 2013, the Prevention of Money Laundering Act (PMLA), 2002, the Income Tax Act, 1961, SEBI regulations, and the Benami Transactions (Prohibition) Amendment Act, 2016 – and evaluates its effectiveness. Landmark judicial pronouncements on lifting the corporate veil are discussed to understand how courts interpret corporate identity in cases of fraud and evasion. The significant economic impact, including revenue loss, financial system distortion, and increased inequality, is highlighted. Finally, the paper reviews government measures to combat this menace, summarizes key findings, and offers recommendations for strengthening the regulatory framework, emphasizing the need for a clear legal definition, enhanced beneficial ownership transparency, robust inter-agency coordination, and international cooperation.

THE INSANITY DEFENCE: BALANCING JUSTICE AND COMPASSION IN MENTAL HEALTH CASES

AUTHOR – HARSHIT JAIN* & UJJWAL KUMAR SINGH**

* STUDENT AT UTTARANCHAL UNIVERSITY, LAW COLLEGE DEHRADUN

** ASSISTANT PROFESSOR AT UTTARANCHAL UNIVERSITY, LAW COLLEGE DEHRADUN

BEST CITATION – HARSHIT JAIN & UJJWAL KUMAR SINGH, THE INSANITY DEFENCE: BALANCING JUSTICE AND COMPASSION IN MENTAL HEALTH CASES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 916-921, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

An intricate legal theory that is at the crossroads of law, psychology, and ethics is India’s insanity defence. It is defined by the 22^nd section of the BNS (section 84^th of IPC) recognizes that people having serious behavioural disorders might not be able to comprehend the gravity of their acts, which brings important considerations concerning responsibility, retribution, and recovery. Complicated clinical assessments, a lack of psychological care assets, and societal prejudice are some of the obstacles to the actual application of the theory, which has its origins in the British McNaughten Rules of 1843 and permits offenders with mental illnesses to circumvent conventional penalty.

INDIA’S ACCOUNT AGGREGATOR FRAMEWORK: LEGAL ARCHITECTURE FOR DATA PROTECTION AND CONSENT MANAGEMENT

AUTHOR – SHRUTI KESARWANI* & DR ARVIND P. BHANU**

* STUDENT OF LAW, AMITY LAW SCHOOL, NOIDA UTTAR PRADESH

** FACULTY OF LAW, AMITY LAW SCHOOL, NOIDA UTTAR PRADESH

BEST CITATION – SHRUTI KESARWANI & DR ARVIND P. BHANU, THE BLACK BOX OF AI: WHO’S TO BLAME?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 906-914, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This paper examines India’s Account Aggregator (AA) framework, a novel financial data-sharing ecosystem that facilitates secure and consent-based exchange of financial information between “Financial Information Providers (FIPs)” and “Financial Information Users (FIUs)”. The research analyzes the legal and regulatory framework underpinning the AA ecosystem, with particular emphasis on data protection mechanisms, consent architecture, and security requirements. The Digital Personal Data Protection Act, 2023 (DPDP Act)^[1] has significantly strengthened the legal foundation of the AA framework by establishing robust provisions for data protection, consent management, and enforcement mechanisms. This paper investigates how the interplay of various regulations shapes the functioning of AAs as intermediaries in financial data sharing while ensuring user privacy and data security. The research concludes that while India’s AA framework represents a progressive approach to consent-based data sharing, several challenges regarding implementation standardization, technological barriers, and regulatory coordination remain to be addressed for the framework to achieve its full potential.

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[1]              The Digital Personal Data Protection Act, 2023 (Act No. 30 of 2023).

THE BLACK BOX OF AI: WHO’S TO BLAME?

AUTHOR – PREKSHA JAYASWAL* & DR. SHEFALI RAIZADA**

* STUDENT AT AMITY UNIVERSITY NOIDA

** DIRECTOR AND JOINT HEAD OF AMITY LAW SCHOOL, NOIDA

BEST CITATION – PREKSHA JAYASWAL, THE BLACK BOX OF AI: WHO’S TO BLAME?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 901-905, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Artificial Intelligence (AI), quickly embraced, or incorporated, into decision-making processes that have changed industries, also creates significant legal challenges. Most significantly, trust in AI is complicated by the “black box” nature of AI, which leads to a consternation about whether a decision is being made and how decisions are being made when everyone involved may be in the dark. This paper examines the disadvantages of non-transparency or lack of transparence of AI, and the issue of trying to assign fault, when AI systems cause injury (or breach of contract). We will look at traditional and any new theories of liability, and compare the laws concerning AI in the European Union, United States and India. The paper concludes with recommendations on the legal and policy front with the aim of bolstering accountability in the use of AI systems, and reliability of AI systems, recognizing that we are attempting to fix, or fill, critical gaps in existing legal and quasi-legal frameworks., with unique complications, showing that fault cannot easily be assigned febrile, ever-evolving machine learning models. Therefore, we must emphasis on transparency, explainability and ethical safeguards, as we argue for forward looking, legally young infrastructure and policy that reasonably encourages innovation while fostering public trust and responsibility.^[1]

Keywords: Artificial Intelligence (AI), Black Box Problem, Legal Liability, AI Accountability, AI Transparency, Machine Learning, Autonomous Systems, Fault Theories, Negligence and AI, Strict Liability, Vicarious Liability.

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[1] Binns, R. (2018). On the Importance of Transparency in AI Systems. Journal of Artificial Intelligence, 1(2), 14-29.

WHY COCA-COLA PREFERS TRADE SECRET PROTECTION OVER PATENTS: A LESSON FOR INDIAN STARTUPS

AUTHOR – MS HETAL BANSAL* & DR AVANTIKA MADHESIYA**

* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

** PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

BEST CITATION – MS HETAL BANSAL* & DR AVANTIKA MADHESIYA, WHY COCA-COLA PREFERS TRADE SECRET PROTECTION OVER PATENTS: A LESSON FOR INDIAN STARTUPS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 957-874, APIS – 3920 – 0001 & ISSN – 2583-2344

1. Abstract

Coca-Cola’s enduring market dominance is significantly attributed to its strategic use of trade secret protection for its iconic beverage formula. Unlike patents, which require public disclosure and have a finite protection period, trade secrets allow Coca-Cola to maintain indefinite exclusivity without revealing proprietary information. This approach ensures sustained competitive advantage, as the formula remains undisclosed, preventing replication by competitors^[1].

In highly competitive markets, trade secret protection offers distinct advantages over patents. Trade secrets encompass a broad range of confidential business information, including formulas, processes, and strategies, without the need for public disclosure. This form of protection is particularly beneficial when the information cannot be easily reverse-engineered and does not meet the stringent criteria for patentability. Additionally, trade secrets do not have an expiration date, allowing for prolonged competitive advantage as long as confidentiality is maintained^[2].

For Indian startups, adopting a trade secret strategy can be advantageous, especially in sectors where innovations are not easily patentable or where the costs and complexities of obtaining patents are prohibitive. However, India’s current legal framework lacks specific legislation dedicated to trade secret protection, relying instead on common law principles and contractual agreements. This absence of robust legal safeguards necessitates that startups implement stringent internal measures, such as non-disclosure agreements and comprehensive security protocols, to protect their proprietary information^[3]. This research employs a qualitative methodology, analyzing case studies and existing literature to explore the efficacy of trade secrets versus patents. Key findings indicate that while trade secrets offer indefinite protection without public disclosure, they require rigorous internal controls to maintain confidentiality. Conversely, patents provide a time-bound monopoly but necessitate full public disclosure, which can be a strategic disadvantage in certain industries. The study underscores the importance for Indian startups to carefully assess their intellectual property strategies, considering both legal protections and practical measures to safeguard their innovations.

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^[1] ‘Understanding Intellectual Property Law through Coca Cola – Zvulony & Co.’ available at:https://zvulony.ca/2010/intellectual-property-law/understanding-intellectual-property-law/  (last visited on Jan 26, 2025)

^[2] Meredith Geaghan-Breiner, ‘Patents and Trade Secrets: Complementary or Competing Modes of IP Protection? – NYU Journal of Intellectual Property & Entertainment Law’ (NYU Journal of Intellectual Property & Entertainment Law29 October 2024)  available at: https://jipel.law.nyu.edu/patents-and-trade-secrets-complementary-or-competing-modes-of-ip-protection/ (last visited on Jan 27, 2025).

^[3] ‘How Coca-Cola’s Trade Secret Built an Empire : Trade Secrets’ (Globalpatentfiling.com2024)  available at:https://www.globalpatentfiling.com/blog/Fizzy-Fortunes-How-Coca-Cola-s-Trade-Secret-Built-an-Empire. (last visited on Jan 28, 2025).

THE EVOLUTION OF LGBTQ+ RIGHTS IN FAMILY LAW:ADOPTION, MARRIAGE AND PARENTHOOD

AUTHOR – MITI JAIN* & MS. SHAMBHAVI MISHRA**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSITANT PROFESSOR, AMITY UNIVERSITY, NOIDA

BEST CITATION – MITI JAIN & ASST. PROF. PRIYANSHI GUPTA, THE EVOLUTION OF LGBTQ+ RIGHTS IN FAMILY LAW:ADOPTION, MARRIAGE AND PARENTHOOD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 883-891, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The legal and judicial struggle for LGBTQ rights embodies a relentless struggle against deep-rooted discrimination, social marginalization, and legal restrictions in various jurisdictions. Judgments like Navtej Singh Johar v. Union of India and Obergefell v. Hodges have undeniably represented crucial turning points in this movement by, respectively, decriminalizing homosexuality and legalizing same-sex marriage. Nevertheless, in spite of these wins, the path to achieving complete legal equality and protection is still victories. LGBTQ individuals persistently confront systemic challenges, such as the refusal of marriage and adoption rights, widespread employment discrimination, and lasting social stigma. The legal recognition to Lesbian, Gay, Bisexual, Transgender Queer and intersex (LGBTQI+) rights in India have been into limelight in the past few years. Nonetheless, the traces can be found in both the Mahabharata and the Bible. According to the writings of the Bible, the entire practice of unnatural sex is viewed as different and acceptable in some respects. The LGBTQI+ community continues to face numerous socio-legal challenges. The courts and the government share a collective responsibility to collaborate and align their efforts to safeguard individuals’ rights and uphold their dignity. The Transgender Persons (Protection of Rights) Act, 2019 has also failed to close the gap. This paper deals with the lacuna of the Act, the possible solutions as well as the dire need to change the infrastructure in to make the LGBTQI+ community inclusive.

KEYWORDS : LGBTQ rights, homosexuality, employment discrimination, adoption rights, social marginalization,  legal equality and protection