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ARTICLE · 30 NOVEMBER 2018

Copyright And The Right To Information

Obhan Mason
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Can a request for information under the Right to Information Act, 2005 ("RTI Act") be denied on grounds of being the copyright of a third party?

IndiaIntellectual Property
Sumathi Chandrashekaran
Sumathi Chandrashekaran
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Can a request for information under the Right to Information Act, 2005 ("RTI Act") be denied on grounds of being the copyright of a third party? This was one of the questions that a Two Judge Bench of the Supreme Court of India recently dealt with. The case related to the issue of disclosure under the RTI Act, where a person sought information regarding the plans submitted to public authorities by a real estate developer.

Background

The origins of the suit, Ferani Hotels Pvt. Ltd. vs The State Information Commission, Greater Mumbai (Civil Appeal Nos.9064-9065 of 2018, decision dated 27 September 2018, Supreme Court of India), lie in a private commercial dispute between a real estate developer, Ferani Hotels, and Mr Nusli Neville Wadia (see).

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