Poorna’s project explores how the structure of tangible property can be transposed to copyright to achieve a balance between ownership and user rights. At its core, Poorna’s research examines how private law principles enable better conceptualisation of copyright law. She will pursue an historical and comparative analysis of property and copyright law in various common law jurisdictions.
Poorna completed her DPhil at the Law Faculty at Oxford in 2017 on implied licences in copyright law supervised by Professor Graeme Dinwoodie. Over the last few years, Poorna has taught several core private law subjects such as Land Law, Contract Law and Tort Law at various colleges in Oxford and Copyright Law at the Law Faculty.
Poorna is affiliated to the Queen's College, Oxford as an Extraordinary Junior Research Fellow. She is also an Academic Member of the Oxford Intellectual Property Research Centre.
Poorna obtained her undergraduate law degree from National Law School of India University and her LLM from SOAS, University of London. Before embarking on her DPhil, Poorna practised intellectual property law in Hong Kong and was a litigator in India.
- Copyright infringement in the UK is defined as the doing of a restricted act without the licence of the owner of the copyright. It is also an infringement of copyright if a person does have the licence of the copyright owner, but violates its terms. When a contractual licensee violates a term of the contractual licence, it does not automatically become a copyright infringement. While there are terms the violation of which results in an action for copyright infringement, there are also those that result only in an action for breach of contract – a classic example of the latter being the term stipulating the payment of a licence fee. However, this general distinction between these causes of action has an honourable exception. The violation of a term which may otherwise have resulted only in breach of contract results also in copyright infringement if there is a repudiatory breach. This article explores this relatively obscure area.A person can lawfully engage in an act restricted by copyright if they have the licence of the copyright owner or if their actions are covered by a statutory exception. However, if a person has the benefit of neither of these, it may still be possible to imply a copyright licence to respond to copyright infringement. In contrast to the rigidity of the statutory exceptions, implied licences are more malleable in being able to respond to a diverse set of circumstances, as the need arises. Thus, implied licences can serve as a flexible and targeted mechanism to balance competing interests, including those of the copyright owners and content users, especially in today's dynamic technological environment. However, implication as a process is contentious, and there are no established principles for implying copyright licences. The resulting uncertainty has prevented implied licences from being embraced more readily by the courts. Therefore, this book develops a methodical and transparent way of implying copyright licences, based on three sources: the consent of the copyright owner; an established custom; and state intervention to achieve policy goals. The frameworks proposed are customised separately for implying bare and contractual licences, where relevant. The book goes on to analyse the existing case law in the light of these frameworks to demonstrate how the court's reasoning can be made methodical and transparent. Underscoring the contemporary relevance of implied licences, this book tests and validates the methodology in relation to three essential and ubiquitous functions on the internet - browsing, hyperlinking, and indexing.ISBN: 9780198858195
Journal Article (8)
Presentation/Conference contribution (7)
Case Note (1)
Land Law, Personal Property Law, Contract Law, Copyright Law and Intellectaul Property Law in general.
Options taughtContract, Land Law, Tort, Intellectual Property Law
News articles for Poorna Mysoor
New book - 'Implied Licences in Copyright Law’
EW Barker Centre for Law & Business, Faculty of Law, NUS hosts a seminar by Dr Poorna Mysoor
CIPIL, Faculty of Law, University of Cambridge hosts a talk by Dr Poorna Mysoor
LTEC Lab, Faculty of Law, University of Windsor hosts a seminar by Dr Poorna Mysoor
Intellectual Property Research Institute of Australia hosted a presentation by Dr Poorna Mysoor
Centre for Commercial Law at City University Law School, Hong Kong hosted a presentation by Dr Poorna Mysoor
OIPRC gets its first Postdoctoral Fellow