Online submission of Literary/Dramatic and Artistic Work and related documents now permitted
Through a Public notice dated January 17, 2019, the Copyright Office in its endeavor to facilitate seamless registration of works has introduced the provision to upload soft copies of Literary/Dramatic and Artistic works along with other related documents on its online portal.
Earlier, the process of registration for copyrightable works required the documents along with the work to be submitted to the Copyright Office by hand or by post. With the introduction of the provision to upload soft copies, authors of literary/dramatic and artistic works can now upload their works online on the e-filing portal of the copyright website. The documents required and the manner in which registration needs to be done is available here.
Quick Views:
- With the introduction of the option to upload literary, artistic and dramatic works, copyright registration will get the necessary fillip and will be a step in the right direction towards seamless and easy registration of copyrightable works in India.
Government directs Google and Facebook to remove fake content on food quality
On a complaint by the CEO of the Food Safety and Standard Authority of India (“FSSAI”), the Ministry of Electronics and Information Technology (“MeitY”) has served a notice to Facebook and Google asking them to take down fake content from their respective websites that spread misinformation about the quality of food in India and is eroding the trust of public in institutions tasked with food safety in the country.
The FSSAI has also recommended appointing a nodal officer by Facebook and Google so that it can directly take up such matters with them in the future for quick remedial action. Further, MeitY has also directed Facebook and Google to institute a process as part of their due diligence to ensure that such fake content is not uploaded in the future.
Quick Views:
- Controlling the spread of fake news on social media has always been a challenge for both the government as well as the tech companies. With the ambit of fake news now spreading to the food industry, the recommendation of the FSSAI to have a nodal officer to tackle fake news relating to food seems like a positive step to ensure that misinformation about food and food safety is prohibited from spreading farther and faster.
Google fined USD 56.8 million by French regulator for violating GDPR
The French data regulator CNIL has fined Google USD 56.8 million for violating Europe’s General Data Protection Regulations (“GDPR”). The GDPR requires companies to disclose and explain to its users how their data is being collected and used and seek their consent for collection and usage of such user data.
The CNIL stated that Google violated the GDPR by not making the data collection transparent, and not informing the users properly of the same. Further, CNIL stated that Google did not explicitly address data storage time periods and data storage time periods and made it difficult for users to understand these things.
Quick Views:
- A hefty fine, such as this, sends a strong message to tech companies world over about the seriousness of the data regulators to tackle violations of data protection by companies. Such fines would ensure that tech companies will take all steps to ensure that it is not in breach of any data protection norms in various other jurisdictions.
Private Hospitals Are Covered Under Payment of Gratuity Act: Kerala HC
The High Court of Kerala (“Court”) in M/S Lourdes Hospital v. Dr. Abraham Mathew has held that private hospitals are covered under the Payment of Gratuity Act, 1972 (“Gratuity Act”) and would come within the purview of Kerala Shops and Commercial Establishments Act, 1960 (“Shops Act”).
In this case, the respondent was denied gratuity payment by the appellant/hospital on the ground that the hospital was not a ‘commercial establishment’ under the Shops Act as it is a charitable organization. The hospital claimed that as the Gratuity Act is applicable only to ‘shops’ and ‘commercial establishment’ as understood within the meaning of the Shops Act, the hospital is not liable to pay any gratuity.
The Court followed the precedent laid down in Management of Tata Iron and Steeel Co.Ltd vs Chief Inspecting Officer and others, and held that profit earning is not relevant, and what is relevant is that activity carried on must be frequent, continuous and related to the business of the hospital for it to be brought within the purview of the Shops Act. Consequently, the Gratuity Act would also be applicable and the hospital will be liable to pay the gratuity.
Quick Views:
- Gratuity Act is an example of welfare legislation and by design; welfare legislations have wide wordings so as to provide the widest possible cover. Further, the power to grant exemption under the Gratuity Act lies with the Central Government and not with state governments. In light of this, the decision of the Court to reject the hospital’s claim has a sound basis in law and is a well -reasoned order.
Supreme Court on doctrine of ‘notional extension’ of employment
In Leela Bai and Another vs Seema Chouhan and Another, the Supreme Court (“Court”) has held that when a driver who has to remain with the bus for twenty-four hours due to the nature of his duty, dies after falling from the roof of the bus, it is a death arising during the course of employment. Consequently, such a deceased person is entitled to compensation under the Employees Compensation Act, 1923 (Act) as amended by the Workmen’s Compensation (Amendment) Act, 2009.
The doctrine of ‘notional extension’ of employment provides for the extension of the employer’s premises so as to include those areas which the workman passes and re-passes in going to and leaving the actual place of work.
The Court, in this case, applied the doctrine of ‘notional extension’ of employment which had been considered in General Manager, B.E.S.T. Undertaking, Bombay vs. Mrs. Agnes. Consequently, it was held by the Court the since the requirement of the driver is such that he has to necessarily stay with the bus so as to not affect the efficiency of the services being provided, then the doctrine of ‘notional extension’ of employment would be applicable and the employer would be liable to pay compensation.
Quick Views:
- The SC has correctly reasoned that welfare legislations have to be interpreted in a manner so as to provide maximum coverage. As the service requirements are such that the driver could not have left the employer’s premises without affecting the efficiency of services, the doctrine of ‘notional extension’ has been correctly applied in this case.
No Sales Tax Can Be Levied On Medicines, Implants, Consumables, Surgical Tools Used In Medical Procedures: Kerala HC
The Kerala Hight Court held that sales tax cannot be levied on sale of drugs, implants and other consumables since, they form a part of the service rendered by the hospitals and do not fall within the ambit of the term “sale of goods” under Article 366(29A)(f) of the Constitution of India and the Kerala Value Added Tax Act, 2003,
Quick Views:
The court through this judgment addresses the dominant intention in hospital services which is providing medical care and treatment to effectively cure the patient or his ailment and it is not the sale of drugs, implants or other consumables. The order is likely to curb the steep increase in medical bills in hospitals in the state.
Disclaimer: This post has been prepared for informational purposes only. The information/or observations contained in this post does not constitute legal advice and should not be acted upon in any specific situation without seeking proper legal advice from a practicing attorney.