{"id":44254,"date":"2018-10-26T12:03:56","date_gmt":"2018-10-26T06:33:56","guid":{"rendered":"http:\/\/localhost\/one\/?p=44254"},"modified":"2025-06-18T12:37:40","modified_gmt":"2025-06-18T07:07:40","slug":"copyright-infringement-case-delhi-high-court-entertainment-law-news","status":"publish","type":"post","link":"https:\/\/www.bananaip.com\/intellepedia\/copyright-infringement-case-delhi-high-court-entertainment-law-news\/","title":{"rendered":"No Copyright in Mechanical Compiled database, \u2018Suspiria\u2019 Copyright Suit settled, Tracy Chapman Sues Nicki Minaj, Comments on Digital Copyright System, CD Baby Partners with Cosynd and more"},"content":{"rendered":"<p>Tamil Film Anti-Piracy Cell Suspends Piracy Platforms, Delhi HC: No Copyright in Mechanical Compilation of Customer Database, Artist\u2019s Estate and Amazon Studios Settle \u2018Suspiria\u2019 Copyright Suit, Tracy Chapman Sues Nicki Minaj for Copyright Infringement, Songwriter Awarded $44 Million for Being Uncredited on Usher\u2019s Album, US Copyright Office Seeks Comments on Digital Copyright System, CD Baby Partners with Cosynd to Streamline Copyright Registration, Facebook Expands Music Features and Lip Sync Live.<\/p>\n<h2><strong>COPYRIGHT QUOTE OF THE WEEK<\/strong><\/h2>\n<p>\u201cMoral rights form the essence of copyright law. When they conflict with economic rights, moral rights must always prevail\u201d. -Dr. Kalyan C. Kankanala<\/p>\n<h2><strong>INDIAN COPYRIGHT STATISTICS<\/strong><\/h2>\n<p>There is a decrease of 35% in the total number of copyright applications filed last week as compared to the applications filed in the previous week. A total of 227applications were filed for copyright registration during the last week. Most of the applications were filed for literary works and artistic works.<\/p>\n<table width=\"595\">\n<tbody>\n<tr>\n<td width=\"62\"><strong>S. No<\/strong><\/td>\n<td width=\"119\"><strong>Type of Work<\/strong><\/td>\n<td width=\"145\"><strong>Number of Applications filed in the Previous Week<\/strong><br \/>\n<strong>(8<sup>th<\/sup> October to 14<sup>th<\/sup> October, 2018)<\/strong><\/td>\n<td width=\"102\"><strong>Number of Applications filed in the Recent Week<\/strong><br \/>\n<strong>(15<sup>th <\/sup>October to 21<sup>st<\/sup> October, 2018)<\/strong><\/td>\n<td width=\"72\"><strong>Change<\/strong><\/td>\n<td width=\"94\"><strong>Percentage Change<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"62\">1.<\/td>\n<td width=\"119\">Literary Work<\/td>\n<td width=\"145\">185<\/td>\n<td width=\"102\">114<\/td>\n<td width=\"72\">71<\/td>\n<td width=\"94\">Decrease of 39%<\/td>\n<\/tr>\n<tr>\n<td width=\"62\">2.<\/td>\n<td width=\"119\">Musical Work<\/td>\n<td width=\"145\">7<\/td>\n<td width=\"102\">5<\/td>\n<td width=\"72\">2<\/td>\n<td width=\"94\">Decrease of 29%<\/td>\n<\/tr>\n<tr>\n<td width=\"62\">3.<\/td>\n<td width=\"119\">Artistic Work<\/td>\n<td width=\"145\">121<\/td>\n<td width=\"102\">73<\/td>\n<td width=\"72\">48<\/td>\n<td width=\"94\">Decrease of 40%<\/td>\n<\/tr>\n<tr>\n<td width=\"62\">4.<\/td>\n<td width=\"119\">Cinematograph Film<\/td>\n<td width=\"145\">2<\/td>\n<td width=\"102\">0<\/td>\n<td width=\"72\">2<\/td>\n<td width=\"94\">Decrease of 100%<\/td>\n<\/tr>\n<tr>\n<td width=\"62\">5.<\/td>\n<td width=\"119\">Sound Recording<\/td>\n<td width=\"145\">5<\/td>\n<td width=\"102\">13<\/td>\n<td width=\"72\">8<\/td>\n<td width=\"94\">Increase of 160%<\/td>\n<\/tr>\n<tr>\n<td width=\"62\">6.<\/td>\n<td width=\"119\">Software<\/td>\n<td width=\"145\">26<\/td>\n<td width=\"102\">22<\/td>\n<td width=\"72\">4<\/td>\n<td width=\"94\">Decrease of 15%<\/td>\n<\/tr>\n<tr>\n<td width=\"62\"><\/td>\n<td width=\"119\">Total<\/td>\n<td width=\"145\">347<\/td>\n<td width=\"102\">227<\/td>\n<td width=\"72\">120<\/td>\n<td width=\"94\">Decrease of 35%<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<h2><strong>INDIAN COPYRIGHT NEWS<\/strong><\/h2>\n<h3><strong>Tamil Film Anti-Piracy Cell Suspends Piracy Platforms<\/strong><\/h3>\n<p>The Anti-piracy Cell of the Tamil Film Producers Council (TFPC) has decided to <a href=\"https:\/\/www.india.com\/showbiz\/tamil-rockers-saamy-square-falls-prey-to-piracy-vikram-and-aishwarya-rajeshs-film-leaked-online-on-first-day-of-its-release-3344311\/\" target=\"_blank\" rel=\"noopener\">suspend a number of domains<\/a>, including Torrents and Tamil Rockers, that have been involved in movie piracy. The move follows the leak of the movies\u00a0<em>Vada Chennai<\/em>\u00a0and\u00a0<em>Sandakozhi 2<\/em>, within a\u00a0few hours after their release.<br \/>\nOn October 20<sup>th<\/sup>, 2018, TFPC tweeted out a list of domain names that it has suspended, which includes tamilrockers.hn, tamildbox.online, goldminesmovies.online, tmvplay.fun, tmrockers.pw, and octloan.pw. They stated that \u201cthere have been many instances where movies have been leaked online on the first day of their release, costing filmmakers a huge loss, and suspension of the domain could help prevent the same\u201d.<\/p>\n<h3><strong>Delhi HC: No Copyright in Mechanical Compilation of Customer Database <\/strong><\/h3>\n<p>In a recent decision, the Delhi High Court held that that no copyright can exist in an information database which is a mere mechanical compilation. The suit was filed by logistics company\u00a0<em>Navigators Logistics Ltd<\/em>\u00a0against its former employees for using confidential information in carrying out their own business.<br \/>\nThe court reiterated that, in accordance with Section 13 of the Copyright Act, a copyrightable work requires the application of some skill or judgment by the author. Section 13(1) of the Act allows the grant of copyright only in original works of certain types, including literary and artistic works, sound recordings and cinematograph films. The Court came to its conclusion based mainly on two factors: first, that the compiled database could not be classified under any category specified in Section 13(1), and second, that the plaintiff had neither specified any human author for the works nor claimed confidentiality of the author\u2019s identity.<\/p>\n<h2><strong>INTERNATIONAL COPYRIGHT NEWS UPDATE<\/strong><\/h2>\n<h3><strong>Artist\u2019s Estate and Amazon Studios Settle \u2018Suspiria\u2019 Copyright Suit<\/strong><\/h3>\n<p>The estate of artist Ana Mendieta has reached a settlement with Amazon Studios in a copyright infringement suit over the film \u201cSuspiria\u201d. The estate\u2019s representatives had alleged, in a suit filed last month, that Amazon Studios original production borrows heavily from the late artist\u2019s work. The suit included allegations that some images in the film are derived from Mendieta\u2019s pieces, based on a trailer released in June, and a viewing of the full film in November. The images did not appear in a subsequent trailer, and were removed from the film. The terms of the settlement agreement have not yet been disclosed.<\/p>\n<h3><strong>Tracy Chapman Sues Nicki Minaj for Copyright Infringement<\/strong><\/h3>\n<p>Singer Tracy Chapman has filed a suit against singer Nicki Minaj, for unauthorised use of a sample of Chapman\u2019s 1988 hit, \u201cBaby Can I Hold You\u201d.\u00a0The suit alleges that Nicki Minaj used a sample of the Chapman song in her recent release titled \u201cSorry\u201d. Minaj\u2019s song also features rapper Nas, and it is unclear as to whether he will be subject to legal penalties, even if the court decides in favour of Chapman. It is reported that Chapman refused Minaj\u2019s repeated requests to grant her the rights to sample the song in Chapman\u2019s works. Chapman\u2019s suit claims that Minaj\u2019s song \u201cincorporates the lyrics and vocal melody\u201d of her song, including \u201cits most recognizable and memorable parts.\u201d<br \/>\nIn her suit before a California Court, Chapman is seeking damages and is hoping to stop the official release of the song. Minaj released the song in August 2018, but has not included it in her latest album \u201cQueen\u201d. Chapman\u2019s suit also intends to prevent Minaj from \u201ccopying or otherwise using or exploiting\u201d her work. The official \u201cSorry\u201d video on Minaj\u2019s VEVO-owned channel has received a copyright strike on YouTube. Following the filing of the suit, the song is also no longer available on any streaming platforms.<\/p>\n<h3><strong>Songwriter Awarded $44 Million for Being Uncredited on Usher\u2019s Album<\/strong><\/h3>\n<p>Songwriter Daniel Marino, based in Philadelphia, US, has been awarded USD 44.35 million in damages from a lawsuit against his co-writers. In the suit, Marino claimed that he was cut out of profits and credit from the song \u201cBad Girl\u201d, written and recorded by the singer Usher. Marino alleged that the \u201cguitar hook, tempo and chord progression\u201d in Usher\u2019s song were based majorly on his own song \u201cClub Girl,\u201d which he had created in 2001-02. \u201cBad Girl\u201d was part of Usher\u2019s breakout album \u201cConfessions\u201d, which failed to credit Marino for his work on the song.\u00a0Usher was not named as a defendant; instead the suit was filed against Marino\u2019s co-writers and producers who owned the song. As a result of the award, Marino now holds one-third ownership of the song, and will be receiving streaming royalty payments for his contribution.<\/p>\n<h3><strong>US Copyright Office Seeks Comments on Digital Copyright System<\/strong><\/h3>\n<p>The U.S. Copyright Office has published a notice seeking written comments on how to improve the regulations and practices related to the registration of copyright claims. The notice hopes to elicit feedback from creators on improving user experience and efficiency, and decreasing processing times. The Office has expressed its intent to replace the current electronic system with a more modern, digital copyright registration system.<\/p>\n<h2><strong>MERCHANDISING AND LICENSING NEWS<\/strong><\/h2>\n<h3><strong>CD Baby Partners with Cosynd to Streamline Copyright Registration<\/strong><\/h3>\n<p>Major digital distributor CD Baby has announced a partnership with legal services platform Cosynd, to help creators get their works copyrighted. The deal will give CD Baby users free access for one month to Cosynd\u2019s Essential and Premium tiers of service to document ownership of their content. Members can then create unlimited copyright split sheets, full copyright ownership agreements, and work-for-hire agreements to enable registration. Enabling simple and quick creation of agreements is also expected to help ensure authorised exploitation and proper royalty distribution. Both companies issued statements expressing how the deal will help artists monetise their content and avoid disputes.<\/p>\n<h3><strong>Facebook Expands Music Features and Lip Sync Live <\/strong><\/h3>\n<p>Facebook has announced an expansion in its music features, which will allow users to pin song clips to their profiles, and add soundtracks to Stories and Feed. It has also opened its Lip Sync Live service to Pages, which will allow artists to perform for their fans through their official profiles. The pinning and Stories\u2019 soundtrack features currently allow profile visitors to only listen to a short clipping, but may extend to full songs if Facebook partners with streaming services for increased access. Lip Sync Live provides access to full soundtracks, along with lyrics. The expansion of music features builds on Facebook\u2019s recently acquired music licenses from major record labels. These features are currently available only in select countries, and may be rolled out worldwide in the coming months.<\/p>\n<h2><strong>COPYRIGHT TIP<\/strong><\/h2>\n<p>A compilation of mere information or facts is not copyrightable.\u00a0 An input of creativity by the author in the form of artistic, graphic, written or video would be necessary.<\/p>\n<h3><strong>Author: BIP\u2019s Copyright and Entertainment Law Attorneys<\/strong><\/h3>\n<p>Senior Partner, the entertainment law attorneys at BIP are among the well-known lawyers in the field. They work with clients such as Yash Raj Films, Dharma Productions, Ananda Audio, Anushka Sharma, Sushant Singh, and Arka Media (Producer of Bahu Bali). BIP\u2019s entertainment law team helps clients protect, manage and effectively license and merchandise\u00a0their creative works such as films, music, brands and other content, to maximize financial returns.<br \/>\nThe weekly copyright and entertainment law news initiative is a part of their pro bono work, and is aimed at spreading entertainment law awareness. You are free to share the news with appropriate attribution and backlink to the source.<br \/>\nIf you have any questions, you may write to BIP\u2019s Copyright and Entertainment Law Attorneys \u2013\u00a0<a href=\"mailto:contact@bananaip.com\">contact@bananaip.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>This post discusses significant copyright and entertainment law news, including the Delhi High Court\u2019s decision on mechanical compilation copyright and major international infringement suits. Updates on digital copyright systems and industry partnerships are also analysed.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":6,"footnotes":""},"categories":[3,6,22,7],"tags":[31,93,3339,486,7734,51,9281,4841],"class_list":["post-44254","post","type-post","status-publish","format-standard","hentry","category-copyrights","category-intellectual-property","category-ip-commercialization-licensing","category-media-and-entertainment-law","tag-copyright-infringement","tag-copyright-law","tag-copyright-registration","tag-delhi-high-court","tag-digital-copyright","tag-entertainment-law-2","tag-mechanical-compilation","tag-music-rights"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/44254","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/comments?post=44254"}],"version-history":[{"count":2,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/44254\/revisions"}],"predecessor-version":[{"id":137379,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/44254\/revisions\/137379"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=44254"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=44254"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=44254"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}