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Category Archives: Constitutional Law

Asking the Woman Question: Should the “Tampon Tax” be Exempted?

Posted on August 17, 2021 by NepScholaris Leave a comment

Sharad Prasad Koirala

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Neupane Law Associates, Kathmandu is hiring Interns (Paid), Future Trainee Associates, and Senior Associates from Nepal!

O.P. Jindal Global University is hiring faculties from Nepal!

Call for Research Assistants.

In 2018, the U.S. District Court for the Central District of California decided in favour of Taylor Swift (in a summary judgement), in a copyright case brought against her song titled "Shake if Off". The plaintiffs in the case had alleged that her song had infringed their song titled "Playas Gon' Play". However, upon appeal to the Ninth Circuit, the decision by the district court was reversed and remanded. The district court (after remand) has rejected Taylor's request for a summary judgement. The article critically analyses the case and discusses the concepts of summary judgement (in case of musical copyright cases) and originality. The author has argued that the denial of summary judgement is reasonable. However, he argues, with reference to previous case laws, that no copyright infringement can be observed in the case. Now it remains to be observed what will be decided during the trial.

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