{"id":44981,"date":"2018-12-14T12:31:46","date_gmt":"2018-12-14T07:01:46","guid":{"rendered":"http:\/\/localhost\/one\/?p=44981"},"modified":"2025-06-19T12:14:47","modified_gmt":"2025-06-19T06:44:47","slug":"sony-copyright-battle-spotify-court-infringement-entertainment-law","status":"publish","type":"post","link":"https:\/\/www.bananaip.com\/intellepedia\/sony-copyright-battle-spotify-court-infringement-entertainment-law\/","title":{"rendered":"Sony in Copyright battle, Spotify in Court for Copyright infringement, Promotions for ZERO and More"},"content":{"rendered":"

Sony in Copyright Battle over Comedian’s Voice, \u2018Proud Boys\u2019 Founder McInnes Banned from YouTube, City Merch and Balenciaga Settle Copyright Suit, M\u00f6tley Cr\u00fce Photo Lands Spotify in Court, Fortnite Sued for Swipe Dance Move, Novel Promotions for ZERO before December 21 Release, \u2018Bohemian Rhapsody\u2019 Most Streamed Song of the 20th<\/sup> Century, Priyanka Chopra Collaborates with Ivanhoe Pictures for Upcoming Film \u2018The Sky is Pink\u2019, Netflix Houses 19 of Top 20 Most-Streamed Series, Sony Partners with ACT Fibernet.<\/p>\n

COPYRIGHT QUOTE OF THE WEEK<\/strong><\/h2>\n

\u201cI believe in copyright, within limited precincts. But I also believe in fair use, public domain, and especially transformation\u201d\u00a0 –<\/em>David Shields<\/p>\n

INDIAN COPYRIGHT STATISTICS<\/strong><\/h2>\n

There is a decrease of 7% in the total number of copyright applications filed last week as compared to the previous week. A total of 391 applications were filed for copyright registration during the last week. The majority of applications were filed for literary works and artistic works.<\/p>\n\n\n\n\n\n\n\n\n\n\n
S. No<\/strong><\/td>\nType of Work<\/strong><\/td>\nNumber of Applications filed in the Past Week<\/strong>
\n(26th<\/sup> November 2018 to 02nd<\/sup> December, 2018)<\/strong><\/td>\n		Number of Applications filed in the Recent Week<\/strong>
\n(03rd <\/sup>December 2018 to 09th<\/sup>\u00a0\u00a0 December, 2018)<\/strong><\/td>\n		Change<\/strong><\/td>\nPercentage Change<\/strong><\/td>\n<\/tr>\n
1.<\/td>\nLiterary Work<\/td>\n232<\/td>\n195<\/td>\n37<\/td>\nDecrease of 16%<\/td>\n<\/tr>\n
2.<\/td>\nMusical Work<\/td>\n3<\/td>\n3<\/td>\n–<\/td>\nNo change<\/td>\n<\/tr>\n
3.<\/td>\nArtistic Work<\/td>\n122<\/td>\n128<\/td>\n206<\/td>\nIncrease of 5%<\/td>\n<\/tr>\n
4.<\/td>\nCinematograph Film<\/td>\n1<\/td>\n3<\/td>\n2<\/td>\nIncrease of 200%<\/td>\n<\/tr>\n
5.<\/td>\nSound Recording<\/td>\n21<\/td>\n14<\/td>\n7<\/td>\nDecrease of 33%<\/td>\n<\/tr>\n
6.<\/td>\nSoftware<\/td>\n40<\/td>\n48<\/td>\n8<\/td>\nIncrease of 20%<\/td>\n<\/tr>\n
<\/td>\nTotal<\/td>\n419<\/td>\n391<\/td>\n28<\/td>\nDecrease of 7%<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

INDIAN COPYRIGHT NEWS<\/strong><\/h2>\n

Sony in Copyright Battle over Comedian’s Voice<\/strong><\/h3>\n

On 22nd November 2018, Sony TV sent a legal notice to famous comedian Raju Srivastava for infringing Sony TV\u2019s copyrights by posting a video clip from reality game show Kaun Banega Crorepati (KBC) 10 on his official Facebook page. The show had used a sound clipping of Raju Srivastava’s voice and the contestant was asked to guess the name of the celebrity. According to Mr. Srivastava, he felt honoured that mega star and host of the show, Mr. Amitabh Bachchan had used his name, due to which he posted the KBC 10 clipping. In his reply notice Mr. Srivastava stated that he had not commercially exploited the content and Sony TV should have taken permission from him before playing his voice on the show. He further instructed Sony TV to provide an unconditional apology and Rs 40,00,000 damages within 15 days of receiving the notice. Mr. Srivastava is reportedly planning to now file a criminal case against Sony for copyright infringement, defamation and for mental harassment, if Sony TV does not comply with his demands.<\/p>\n

INTERNATIONAL COPYRIGHT NEWS UPDATE<\/strong><\/h2>\n

\u2018Proud Boys\u2019 Founder McInnes Banned from YouTube<\/strong><\/h3>\n

After facing bans from Twitter, Facebook and Instagram, Gavin McInnes\u2019 YouTube channel was shut down this week due to multiple third-party claims of copyright infringement. McInnes is the founder of the far-right group Proud Boys, and his YouTube channel had more than 200,000 subscribers. This follows the termination of his employment as host for BlazeTV, less than a week after he joined. With this he has lost all social media platforms, likely due to the groups\u2019 white supremacist, racist, violent associations over the past year. He has previously targeted certain religious groups and boasted of the need for violence. McInnes believes the ban to be a conspiracy to de-platform him, as it was the last place for him to defend and tell his side of the story. YouTube is yet to confirm if the ban is permanent but it is interesting to note that his ban was not for violations of Terms of Service as related to Hate Groups.<\/p>\n

City Merch and Balenciaga Settle Copyright Suit <\/strong><\/h3>\n

Earlier this year, NY-based souvenir wholesalers City Merchandise, Inc. had filed a copyright infringement case against French fashion house Balenciaga over designs of their New York City souvenir tote bags. The suit states \u201cBased upon its dubious reputation in the fashion industry for appropriating the work of others, as well as public statements attributed to Mr. Gvasalia (the Creative Director), it should not be surprising that Defendant has copied Plaintiffs Design in connection with the infringing Products and is passing it off as its own\u201d. A Balenciaga spokesperson however asserted that the claims are invalid as the image of NY buildings, Empire State or Statue of Liberty are elements that are scenes a faire<\/em>, meaning standard, stock or common in general or, as in this case, in relation to a particular place. The parties have now settled the case out of court, under confidential terms. Balenciaga also has another copyright infringement case for Car-Freshner Corporation\u2019s tree design, currently underway in a New York court.<\/p>\n

M\u00f6tley Cr\u00fce Photo Lands Spotify in Court<\/strong><\/h3>\n

On December 7, photographer Neil Zlozower filed a suit against digital music streaming platform Spotify Ltd., for allegedly using his photograph of American heavy metal band M\u00f6tley Cr\u00fce for the band\u2019s artist page without his permission. The photographer had reportedly sued the band themselves for the unlicensed use of his images on tour merchandise in 2016. He claims that the infringement was wilful, and is seeking damages and profits obtained from the use or statutory damages upto $150,000, or actual damages and costs attributable to the use of his photograph. Earlier this year Spotify settled another class action suit where a fund of $43.5 million will be set up to compensate song writers and publishers for the use of their compositions without permission.<\/p>\n

Fortnite Sued for Swipe Dance Move<\/strong><\/h3>\n

Rapper 2 Miley has filed a suit against Epic Games, Inc. for alleged copyright violations by using the rappers\u2019 dance moves or emotes<\/em> in their game Fortnite Battle Royale. The immensely popular and free game with over 140 million users worldwide, gets its revenue from in-game purchases including emotes. Rapper 2 Miley\u2019s viral \u2018Milly Rock\u2019 move, renamed as \u2018Swipe it\u2019 in the game, can be purchased for $10 in the Season 5\u2019s \u2018Battle Pass.\u2019 His representatives have also spoken out against the culture of large companies using moves created by African-American artists. \u00a0The rapper has also proposed that Fortnite put actual rap songs behind the dances they sell and give artists their due credit.
\nThe US Copyright Act provides protection for \u2018choreographic works\u2019, but both the US Copyright Office and the courts have previously stated that individual movement, dance steps or short dance routines cannot be copyrighted. Nonetheless, 2 Milly has prevailed through public opinion, which led to Epic withdrawing the move \u2018Swipe It\u2019 from the game. This increases the likelihood of him receiving some compensation through a settlement agreement.<\/p>\n

MERCHANDISING AND LICENSING NEWS<\/strong><\/h2>\n

Novel Promotions for ZERO before December 21 Release<\/strong><\/h3>\n

Red Chillies Entertainment have collaborated with Amazon Alexa for the upcoming movie ZERO. This collaboration makes it the first film to develop an interactive Alexa skill as part of its promotional activities. Users in India can now access Shah Rukh Khan\u2019s character Bauua Singh\u2019s voice on their Amazon Echo smart speakers and other Alexa built-in devices to listen to jokes, anecdotes or shayaris narrated by Bauua, in addition to trailers, dialogues, trivia and a chance to win movie merchandises. The producers have also tied-up with instant messaging app WhatsApp by introducing special GIF\u2019s and stickers featuring the film\u2019s characters, again making it the first Bollywood movie to do so.
\nThe producers have even started a marketing campaign with Mumbai Duty Free stores called \u2018Pay Zero\u2019 with the stores engulfed in movie posters, life size cut-outs of the actors and various theme based visual props. The offers include exclusive merchandise, discounted movie tickets, shopping gift cards and a chance for the winners to meet the cast.<\/p>\n

\u2018Bohemian Rhapsody\u2019 Most Streamed Song of the 20th<\/sup> Century<\/strong><\/h3>\n

Universal Music Group announced on December 10 that British rock legends Queen\u2019s iconic 1975 hit \u2018Bohemian Rhapsody\u2019 is the most streamed song from the 20th<\/sup> century. The song has overtaken Nirvana\u2019s grunge anthem \u2018Smells Like Teen Spirit\u2019 and \u2018Sweet Child O\u2019 Mine\u2019 and \u2018November Rain\u2019 by Guns N\u2019 Roses. The 1970\u2019s band has sold-out tours since 2012 with singer Adam Lambert and have been re-popularized due to the release of frontman Freddie Mercury\u2019s biopic earlier in November. Universal also represents Queen\u2019s global merchandizing, retail licensing and brand management.<\/p>\n

Priyanka Chopra Collaborates with Ivanhoe Pictures for Upcoming Film \u2018The Sky is Pink\u2019<\/strong><\/h3>\n

\u2018Crazy Rich Asians\u2019 producer Ivanhoe Pictures is set to co-produce and co-invest in the much anticipated Hindi movie \u2018The Sky is Pink\u2019, based on the true story of the young motivational speaker Aisha Chaudhary and her family. The movie marks Priyanka Chopra\u2019s return to Bollywood after a Hollywood-hiatus, and also stars Farhan Akhtar and \u2018Dangal\u2019 star Zaira Wasim. The film, set to release mid-2019, is directed by National Award winner Shonali Bose and produced by Siddharth Roy Kapoor\u2019s production house Roy Kapur Films and Ronnie Screwvala\u2019s RSVP.
\nIvanhoe Pictures has previously co-produced the popular Netflix horror series Ghoul, starring Radhika Apte, and is reported to be developing local language content in India with Blumhouse Productions.<\/p>\n

Netflix Houses 19 of Top 20 Most-Streamed Series <\/strong><\/h3>\n

Digital Media Company TV Time released the top 20 most-watched streaming series across all OTT (Over the Top) Media Platforms for 2018, based on a poll of more than 12 million global registered users. The list, which measured all series watched from January 1 to December 6 2018, was led by 13 Reasons Why<\/em> and Money Heist<\/em>. Interestingly only one out of the 20 i.e Hulu\u2019s The Handmaid\u2019s Tale <\/em>is not available on Netflix. End of the F***ing World<\/em> and Money Heist<\/em> were both popularized after Netflix\u2019 acquisition of the series, and foreign-language originals DARK<\/em> and Elite<\/em> also made the list, demonstrating the influence of Netflix in digital streaming. A TV Time spokesperson stated that the results provide real evidence of how widespread and dominant Netflix is in global OTT viewing due to its significant regional investments in foreign-language content and other licensing partnerships. It produced or acquired 700 new or exclusively licensed TV shows from approximately 21 countries gaining 7 million global subscribers just in the last quarter. Apple and WarnerMedia are set to release their own OTT service next year, and will be the likely competitors to Netflix.<\/p>\n

Sony Partners with ACT Fibernet <\/strong><\/h3>\n

India\u2019s largest fiber-focused wired broadband ISP, ACT Fibernet announced a partnership with entertainment service providers SonyLIV to provide subscription of Sony\u2019s content on all of its broadband plans to its 1.28 million customers. Sony is one of most widely watched OTT Platforms in India and backed by ACT\u2019s broadband speed and seamless streaming, which feeds on the current increasing OTT content demand of the users.<\/p>\n

COPYRIGHT TIP<\/strong><\/h2>\n

An assignment of copyright, or transfer of copyright ownership, is effective only if documented in an agreement.\u00a0 Oral assignments will pose problems of validity.<\/p>\n

Author: BIP\u2019s Copyright and Entertainment Law Attorneys<\/strong><\/h3>\n

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.
\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.
\nIf you have any questions, you may write to BIP\u2019s Copyright and Entertainment Law Attorneys \u2013\u00a0contact@bananaip.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

This post examines notable copyright infringement cases involving Sony and Spotify, innovative promotional strategies for the film ZERO, and recent trends in global entertainment law. It also presents data on copyright registrations in India and analyses the impact of streaming services and licensing partnerships.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":2,"footnotes":""},"categories":[3,6,22,7],"tags":[9516,31,3076,51,3832,6189,1536,2232],"class_list":["post-44981","post","type-post","status-publish","format-standard","hentry","category-copyrights","category-intellectual-property","category-ip-commercialization-licensing","category-media-and-entertainment-law","tag-bollywood-promotions","tag-copyright-infringement","tag-copyright-statistics","tag-entertainment-law-2","tag-music-streaming","tag-ott-platforms","tag-sony","tag-spotify"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/44981","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=44981"}],"version-history":[{"count":2,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/44981\/revisions"}],"predecessor-version":[{"id":137846,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/44981\/revisions\/137846"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=44981"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=44981"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=44981"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}