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Author: Dr. Kalyan C. Kankanala

BananaIP Counsels > Articles posted by Dr. Kalyan C. Kankanala

Write, Keep Writing, The World will …- Copyrights and Writers (Part 2)

If I Could Copyright… My Book: Copyrights and Writers (Part 5)

Copyright protects original, creative expressions on a tangible form. All three requirements, originality, creativity, and expression on a tangible form have low thresholds, and are easily satisfied by almost, all writings. As long as the writer's work is independently created, not copied; it has  minimal creativity, a pinch at least; and the writing is on a tangible form such as paper, electronic medium, etc., copyright protection automatically begins. Expression is what matters for copyright protection, and impression is irrelevant. Ideas and Expressions Copyright protects expressions, and not ideas. An idea in the writer's mind has no value under the copyright law. It...

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Data Protection in India- Part II

We live in a complex web of social relationships, which are influenced by several factors that are alien to any other country. The extent to which one wishes to be left alone depends on the nature of relationships in the web, which are sometimes more divergent than one can imagine. The privacy world of an individual in her relational web is multi-dimensional, dynamic and contextual, and suffers from predictability ambiguities. The challenge of defining the nature, scope, and extent of privacy through simple semantics is therefore very challenging, if not impossible. To put it in patent language, privacy is one...

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Padmavati and Film Censorship: Fiction is Fact; Fact is Fiction!

Padmavati, the film based on Rani Padmini, has been the subject of controversy for a long time now. Though the revered queen's very existence is in question, members of the Rajput community, led by Karni Sena, started a protest against the film stating that the film defames their divine queen. Politicians quickly jumped onto the protest wagon, and voices for and against the Padmavati are now numerous. None of them have seen the film so far, but strongly believe that it distorts historical facts and defames the respected Rajput Queen. The going was tough for the film producer and director, Sanjay...

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Why the Name BananaIP? Why Not?

The custom image shows banana's in the background and a text box in the centre that reads are you banana's?

"Are you the Bananas?" the client asked, laughing loudly when we entered. "Yes, we are," I said, laughing with her. Almost every one laughs when we introduce ourselves for the first time. "Hi, I am from BananaIP." "Where did you say you are from? Ha Ha Ha" They can't help laughing. One even went to the extent of proclaiming, "Who in the right frame of mind calls an IP firm Banana!" "Me," I said instantly, summoning all my energies to put up a poker face. Laughter again. They laugh, and keep laughing, but never forget. BananaIP is engraved in their memories forever. "Why did a person like you call...

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Lahari v. Ola: Copyrights and Criminals – Licensing by Deterrence

The featured image shows scrabble tiles arranged to form the word "Copyright". To read more about this, click here.

Copyright infringers may be broadly classified into two categories, organized and unorganized. Organized infringers run legitimate businesses and are legally established and structured, but unorganized infringers do not run legitimate businesses, and are normally not established under the framework of the law. Some infringers borrow some elements from each, and may be referred to as hybrids. Depending on the nature of the copyright infringer, the goals set, strategy devised and enforcement mode adopted by the copyright owner varies. Copyright infringement gives rise to both civil and criminal liability in India, and criminal action is sometimes used as a tool to strike...

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Creativity, Illegality and Intellectual Property

The image depicts a colourful poster containing the text 'CREATIVE'

Thinking, understanding, reasoning, and articulating creativity is very difficult, if not impossible. Creativity is shapeless, and any defined approach to creativity defeats its ends. It is into this unstructured, boundless, and absolutely free world that the concept of intellectual property was introduced. IP, in its unduly glorified form, seeks to give shape to certain understandable elements of creativity and endeavors to protect the same. Copyrights seek to capture some elements of expression, Patents elements of invention, and so on. By laying down some parameters, they try to bring certainty to the uncertain, clarity to the ambiguous, and limits to the limitless....

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Employment to Entrepreneurship: Arnab Goswami, Times Now, Republic TV and Intellectual Property

The row between Arnab Goswami and The Times Group (Bennett Coleman & Co.) elucidates some problems an employee turned entrepreneur may face from her/his erstwhile employer. Arnab Goswami was the star of Times Now, a television news channel, and his catch phrase, "The Nation Wants to Know," is extremely popular, to say the least. At the end of 2016, Goswami decided to quit Times Now on what appears to be not very amicable terms. In the first week of May 2017, Goswami launched his television channel called 'Republic TV' from his venture, ARG Outlier Media. Goswami's new venture received great public...

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