Summary
This post presents highlights from a lecture by Ms. Sharada Kalamadi on dispute resolution in the entertainment industry, delivered at GNLU for LLB and LLM students. The presentation examines the types of disputes arising in the sector, especially concerning scripts, music, and other creative works. It explores fair use, copyright infringement, and legal tests such as the abstraction-filtration-comparison test. Key judicial decisions, including R.G. Anand vs M/S. Delux Films & Ors, are discussed in detail. The session concludes with insights on moral rights, piracy, and available remedies, including litigation and alternative dispute resolution mechanisms.
This presentation on dispute resolution in the entertainment industry was delivered by Ms. Sharada Kalamadi at the Gujarat National Law University (GNLU) as part of the entertainment law course offered to LLB and LLM students. It examines the subject matter of disputes that arise in the entertainment sector, the applicable legal standards, and the available resolution mechanisms.
Topics covered
- Subject matter of disputes in the entertainment industry
- Fair dealing and fair use
- Section 52, Copyright Act, 1957
- Concept of fair use
- Fair use defence
- Copyright infringement
- Abstraction-filtration-comparison test
- Quantitative and qualitative test
- Extrinsic-intrinsic test
- Kroft test
- R.G. Anand vs M/S. Delux Films & Ors
- Moral rights and moral rights violations
- Remedies
- Piracy
- Dispute resolution mechanisms including mediation, courts, arbitration, Film Writers Association, and Producers Guild
The presentation opens with a discussion of disputes relating to various works such as scripts, scenes, and music, before examining the concept of fair dealing and fair use. It then discusses copyright infringement and the tests used to determine whether infringement has occurred, including the abstraction-filtration-comparison test, quantitative and qualitative tests, and the extrinsic-intrinsic test. The case of R.G. Anand vs M/S. Delux Films & Ors is discussed in detail. The presentation concludes with an examination of moral rights violations, the offences and remedies enumerated in the copyright legislation, and additional remedies such as the John Doe or Ashok Kumar order, Anton Pillar orders, mediation, and arbitration.
The presentation
Disclaimer
This article is for general information and does not constitute legal advice. Readers should consult a qualified attorney before acting on any matter discussed here.