Whither Global South’s Copyright Scholar(ship) …

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A few months ago, my winning entry in the ATRIP Essay Competition 2023, titled “Whither Global South’s Copyright Scholar(ship): Lost in the ‘Citation Game’?” was published in IIC – International Review of Intellectual Property and Competition Law. Below is the abstract of the piece. The original entry can be found on my SSRN page, and a short post discussing the essay is available at SpicyIP.

Abstract

Are some scholars more equal than others? Surely not. But some are more visible than others. What gives them this extra visibility? Of course, some (get to) write more and “better” than others. But why? Location is a significant factor, with scholars from the Global North often receiving more attention in terms of citations and reliance on their copyright-related research. This over-visibility cuts deep, invisibilizing scholars from other parts of the world and, more problematically, creating an epistemic framework. This framework knits an ideation/thinking pattern that supports certain ideas/reforms/arguments while suppressing, resisting, or discouraging others. While there are many known and unknown causes and effects of this phenomenon, this essay focuses on the history of IP teaching and research in the Global South, which, coupled with citation practices – or the “Citation Game”, as I call it –shape copyright discourses. To illustrate my claims, I problematize Art. 17 of the Berne Convention, which is typically interpreted as authorizing censorship. Using rules of interpretation, especially the provision’s history, I challenge the prevailing interpretation, which affirms the dominant “balance” discourse, and propose an alternative interpretation that empowers states to permit the dissemination of copyrighted work during emergencies such as pandemics. Grounded in Critical Legal Studies and TWAIL, this essay will help re-evaluate the history of copyright history and challenge the status quo of modern (international) legal thought.

The PDF is available here – https://link.springer.com/content/pdf/10.1007/s40319-025-01572-x.pdf

Notes from Doctoral Diary: Politics of Academic Writing

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Namaskar readers from PhilLIP,

I’m Lokesh Vyas— a blogger who, along with my dear friend Akshat, started this blog a few years ago. We called it PhilLIP — short for Philosophy, Law, and Intellectual Property. Our aim was (and still is) to reflect on IP issues, or broadly, the problems of information regulation, especially from a theoretical or philosophical perspective — to theorise or philosophise IP, if you will.

While Akshat, being the Akshat — ever-curious, ever-enthusiastic about all things IP — found time to write, I, on the other hand, let procrastination (and an overloaded schedule) get the better of my writing ambitions. But, as the wise say, better late than never. And here I am.

In the meantime, I’ve been writing occasionally for SpicyIPIPRMENTLAW, and academic journals (see my SSRN page). However, due to my PhD life, I have many thoughts and ideas (just “musings”) — which I believe are worth developing — that don’t always find their way into thoroughly researched pieces. That’s what I hope PhilLIP can still offer space for.

Going forward, I’ll use this blog to share: short musings and critical notes, historical tidbits or archival insights I stumble upon in my research, and perhaps even unfinished thoughts that deserve conversation, if not yet conclusions. We can, I hope, keep the conversations going.

Without further ado, here’s my first post, not exactly on IP but on “the politics of academic writing”. These are working notes from a panel I recently organised at Sciences Po, Paris.

I’ve been mulling over the politics of academic writing for a while now, thanks to my friend and co-author on this project, Aditya Gupta—an enterprising Indian scholar with a sharp eye for these things. We named this project “Namaskari Scholar”—a scholar who treats academic writing as performance while resisting and unpacking its symbolic violence. The central idea behind Namaskari Scholar is simple: in academia, it’s not just what you write that matters, but how you write it. And the “how” is often shaped by assumptions that determine whose voices are considered legitimate, and whose are dismissed as noise, excess, or emotion.

This broader reflection led me to organise a panel at Sciences Po, Paris — my current academic home — as part of our intensive doctoral week. I’m grateful to my kind and encouraging professor, Jean d’Aspremont, who first suggested that I put together something for the event. Last week, we successfully hosted the panel, featuring three truly outstanding speakers: Professor Surabhi Ranganathan, Rashmi Dharia, and Professor Jean d’Aspremont himself.

How It Began

The idea first occurred to me while I was reading “The Geopolitics of Academic Writing” by Professor Suresh Canagarajah. He argues — and persuasively so— that academic writing isn’t neutral. It adheres to Western conventions and expectations, often enforced through citation norms, peer review standards, and publishing structures that disproportionately favour certain voices, styles, and regions.

One example that stayed with me: In many South Asian traditions, texts often begin with an invocation or blessing. A Hindu might start with “Shri Ganeshaya Namaha,” a Muslim with “Bismillah ir-Rahman ir-Rahim.” Even in older European academic writing, scholars would begin with “Dear Editors” or “Dear Readers.” These gestures — forms of address that locate the scholar in a social or spiritual world — are rarely found or accepted in today’s academic writing, which prefers the impersonal, third-person, “neutral” voice.

That point resonated deeply. In my own experience, I’ve often been told that I write “too personally” — mainly because I blog and reflect in ways that aren’t always seen as “academic.” That made me pause. Why is the personal voice seen as less rigorous? Why are different styles of expression seen as less valid?

Of course, academic writing is just one of many issues in academia. Regarding the politics of academic writing, two key issues warrant deliberation:

First, there seems to be an unspoken capital—a kind of cultural and epistemic currency—that one must possess to succeed in academia. Simply put, to be an academic, one must have what Bourdieu would call capital: the right style, tone, cadence, and codes, or, in the interest of brevity, the right performance. Those who perform academic writing can gain access and authority; those who don’t are often sidelined or branded as non-academic, radical, deviant, or unreadable. Seen this way, academic writing doesn’t just express thought—it defines what counts as thought, and who counts as a thinker. It controls discourse—the way of thinking and talking about academia.

This panel began from the premise that academic writing is not neutral. It disciplines. It subjectivises. It polices. It silences. It shapes who can speak, in what form, and with what consequence. Drawing on lived experiences and theory, the panel explored how academic writing is taught, performed, and policed through various mechanisms, including pedagogy, peer review, citation norms, and editorial gatekeeping.

Now, to be clear: I’m not arguing that we abandon structure or start writing purely or only in slang. Resistance can take many forms. In fact, new forms of writing are being accepted in academia. I am advocating for more diverse modes of academic expression — more openness to multiple voices, idioms, and epistemic styles. Because when we privilege only one kind of voice, we don’t just limit access; we reproduce exclusion, silently but surely. (See generally, Melonie Fullick‘s potent post on politics of knowledge and academic writing. Check its comment sections!)

So the question is: should we continue to privilege a narrow, often US- or UK-centred idea of what “good” academic writing looks like? Or can we imagine more inclusive, plural modes of scholarly expression? Because if we don’t, then it’s not really about what you say—it’s also about how you say it. And only when you say it in the “right” way does your thought get recognised as a legitimate thought. Otherwise, it’s just dismissed as noise, emotion, or cultural excess.

This conversation is even more urgent today, in the age of AI. Generative AI has already begun to reshape how we write and think. However, if AI is primarily trained on dominant academic styles—such as objective, third-person, and de-personalised—then future writing produced with its help will likely reproduce the same epistemic hierarchies. That’s why I believe we must reflect on these questions now.

In sum, to write differently — with subjectivity, feeling, emotion — is not to write less seriously. It is to take writing seriously enough to ask: Who is it for? What does it silence? And what could it become if we did it otherwise? Here, the figure of Namaskari Scholar comes— the one who bows in greeting, writes with intention, and refuses to flatten themselves just to fit the page.

More soon. À bientôt !

— LV

“Discursive” Copyright?

Today morning, I was called to my Alma Mater, Jindal Global Law School, (of course virtually) to talk about Music Sampling and its relation to Copyright. Prof. Vishwas H. Deviah (who was my Independent Research Project advisor at Jindal, as also for whom, I served as a Teaching Assistant during my final year) had invited me to address a lecture to the LLM and Undergraduate students who have taken up the elective -“Music and Copyrights”.

Although the method of pedagogy in terms of this course is supposed to primarily be formalistic, and case-law oriented, tracing the judicial interpretations of sampling, I decided that given this opportunity, and having recently read The Color of Creatorship by Prof. Anjali Vats, I would try and do something different, and focus more on an interdisciplinary approach towards this lecture.

Here is the drive link with the slides that I used for the lecture/presentation:

https://drive.google.com/drive/folders/1gBvpnX4XeHbhv31QnA5NLnlmm6vK3tvl?usp=sharing

ALTERNATIVELY:

Broadly, I have tried to provoke a critical voice, against the normative idea which is taught in copyright lectures, especially here in India. I have tried and focussed on viewing and tracing the imperialistic nature of Copyright, and its adverse impact on normative non-white practices like sampling- by doing a historical overview of copyright policy, as well as of Hip-Hop as a form of music. I tried, through, this lecture to make a case for Copyright’s racist origins hidden, and invisible in the face of the law, until one gets into technicalities.

I have tried to break bubbles around the acceptability of copyright’s idea of windfall incentives. Also to show how knowledge development has been a result of widespread appropriation, which is now widely condemned, by the same erstwhile appropriating communities. I also tried to break the shackles of the ideas of Romantic Authorship, by normalising conceptions of “creative borrowing” as a core and intrinsic practice within music and art.

This is not really something which is ever taught in our copyright courses. The idea of writing this post is that we must try and include conflicting narratives and dissents to status quo policies like copyrights, to realise the societies and communities- it adversely affects, and to focus upon their lenses, who have been at the receiving end of these colonial impositions, which they sometimes do not even realise they have been subjected to.

As copyright scholars, it is our role to emphasise on this perspective as well, rather than merely focussing on internalising copyright policy, and focussing on intrinsic reforms within it.

Reading List/ Sources I referred to (even copied from) for the purpose of these slides:

  1. The Color Of Creatorship, Anjali Vats (Stanford University Press)
  2. Copyrights and Copywrongs, Siva Vaidyanathan (NYU Press)
  3. Privilege and Property: Essays on the History of Copyright (Chapters- 3,4,6), by Mark Rose, Oren Bracha and Maurizio Borghi (Open Book Publishers)
  4. Locke’s 1694 Memorandum (And More incomplete Copyright histographies), Justin Hughes (Cardozo AELJ)
  5. Primary Sources on Copyright, http://www.copyrighthistory.org/cam/
  6. Digital Sampling and Cultural Inequality, David Hesmonhalgh (The Open University UK)
  7. Sampling, Looping and Mashin…Oh My: Hip Hop music is scatching more than the surface of Copyright, Tonya M. Evans
  8. Copyright, Communication and Culture, Towards a Relational Theory of Copyright law, Carys Craig (Osgoode Digital Commons)
  9. Copyright, Culture & (and) Black Music: A legacy of Unequal Protection, K.J.Greene (Hastings CELJ)
  10. Copyright, Translations and relations between the British and India in Nineteenth and Early Twentieth Century, Lionel Bently (Chicago-Kent law review)
  11. Cultural Environmentalism and Beyond, James Boyle
  12. Intellectual Property and the intersection of Race and Gender, Lady Sings the Blues, K.J. Greene (Journal of Gender, Social Policy and Law)
  13. Critical Race Theory, Signifyin’, and Cultural Ownership, Richard L. Schur (in Parodies of Ownership
  14. On the Author Effect, Contemporary Copyright and Collective Creativity, Peter Jaszi
  15. Gandhi and Copyright Pragmatism, Shyamkrishna Balganesh
  16. Creativity and Culture in Copyright theory, Julie Cohen
  17. Digital Sampling: A Cultural Perspective, Henry Self
  18. From Mozart to Hip Hop: The Impact of Bridgeport v. Dimension Films on Musical Creativity, Lauren Brandes, (UCLA Entertainment Law Rev)
  19. Social Justice and Copyrights Excess, Betsy Rosenblatt (Texas AnM Journal of IP Law)
  20. Everyone is a superhero: The Cultural Theory of Mary Sue- Fan Fiction as Fair Use, Madhavi Sundar and Anupam Chander (California Law Review)
  21. Why Copyright law needs music lessons, Carys Craig (Osgoode Hall Law School)
  22. Fair Use and the Future of Art, Amy Alder (NYU School of Law)
  23. Hungry Translations: Relearning the world through Radical Vulnerability, Richa Nagar
  24. Free to be You and Me? Copyright and Constraint, Rebecca Tusnet, Harvard Law Review Forum
  25. Who Watches the Plagiarism Police, Brian Frye and Akshat Agrawal, (The Contemporary Law Forum)
  26. Is a Plot/Theme Copyrightable, Lets end the Controversy and Conflict, Part 2, Akshat Agrawal (IPRMENTLAW)