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Author: Dr. Kalyan C. Kankanala

BananaIP Counsels > Articles posted by Dr. Kalyan C. Kankanala (Page 3)

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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Copyrights and Moral Rights: Fearless Girl v. Charging Bull

The featured image shows the wall street bull and the fearless girl statue. To read more about this click here.

The Bull is charging, charging angrily and aggressively. The natural response of an ordinary, prudent person would be to take flight. But, that doesn't hold true for the Fearless Girl, who stands up to the bull with no sign of fright or alarm on her face. The Fearless Girl is in fact a representation of women empowerment and strength, and received the anticipated response when it was placed before the Charging Bull on Wall Street. To the sculptor, Kristen Visbal's delight, the soft featured Fearless Girl received overwhelming response, and women groups requested the New York Mayor to extend its stay...

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Proprietary Data, Trade Secrets and Information Security in India – An Integrated Approach

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"Data has the ability to make or break a company." - Dr. Kalyan C. Kankanala In today's information age, Data has emerged as a very important business tool. Among other factors, success of businesses is dependent on possession, management, processing and analysis of data. The relevance of data in business has increased so significantly during the last decade that one report estimates a short supply of close to two hundred thousand (2,00,000) data professionals by the end of 2018 in the United States alone. NASSCOM estimates that India will need about three hundred thousand (3,00,000) data professionals by 2020. A MIT...

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Ilayaraja v. S.P. Balasubramanyam – Whose Lyrics; Whose Music; and Whose Copyrights?

The featured image is the photograph of singer S.P. Balasubramaniam. To read this post of the Ilayaraja and SPB copyright case, click here.

Ilayaraja's copyright notice to S.P. Balasubramanyam asking the singer to pay royalties for performance of his musical compositions in USA has provoked debates, arguments and discussions on various fronts. To the question, does S.P Balasubramanyam need a license to perform his own works (songs he sang and recorded for films)? ; The answer is a simple and straight forward – Yes! S.P Balasubramanyam has to take two licenses for each song he wishes to perform - one for the lyrics, and one for the musical composition. For several years, music composers and record labels in India turned a blind eye...

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Film Expression and Censorship in India: Intelligent, Informed Spectator standard (Part 5)

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Continued from Part 4, read part 4 by clicking here. Any concerns with respect to the content of films after certification may be addressed using the well accepted contemporary social standards test.[12] In other words, a film's contents must be assessed based on today's social context, norms and standards. The test must therefore assess a film from the stand point of today's spectator, and not a spectator of the last century. Intelligent, Informed Spectator The contemporary spectator, whose disposition is fast changing is an Intelligent, Informed Spectator with a Circumspect Mind. Unlike earlier, she/he is not an Innocent Spectator with a Gullible Mind, who...

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Film Expression and Censorship in India: Review Committee Reports, Benegal Committee report, Mudgal Committee report, Censorship Model (Part 4)

The featured image reads "Government censorship protecting you from reality". To read what this is about, click here

Continued from Part 3, read part 3 by clicking here.   Review Committee Reports The Benegal Committee and the Mudgal Committee constituted in 2016 and 2013 were tasked with the job of making recommendations for the process of film certification in India, Uniform, Non-Discriminatory and Non-Discretionary among others.[11] Though both the reports agree that the existing system of film certification is fraught with subjectivity, they diverge in their recommendations for making it objective. While the Mudgal Committee, in line with its mandate, recommends making the certification mechanism objective and transparent by amendments to principles and changes in the process, the Benegal Committee recommends  a...

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Film Expression and Censorship in India: Censorship cases, Udta Punjab, Had Anhad, Lipstick under my Burkah (Part 3)

Continued from Part 2, read part 2 by clicking here. Select Censorship Cases Religion, Women, Drugs, Decency, public order, Sovereignty and Integrity, all form the basis for CBFC's decision with respect to Udta Punjab, Had Anhad and Lipstick under the Burkah films. The disputes and controversies around the said films reflect the subjectivity inherent in CBFC's assessment and judgment. The fact that the Courts reversed all excisions made by the CBFC in two of the cases leads one to conclude that the decision making process of CBFC may not only be subjective, but also arbitrary. Udta Punjab Case[8] Written and directed by Abhishek Chaubey,...

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Film Expression and Censorship in India: Film Certification Principles, CBFC Guidelines and Principles (Part 2)

The featured image reads "The worst thing about censorship is (the text after this line is blocked with a black tape". This image very aptly indicates censorship. To read more click here.

Continued from Part 1, read part 1 by clicking here. Film Certification Principles The guidelines issued by the Central Government under the Act and the principles therein guide the CBFC in forming opinions and making decisions with respect to certification.[7]  The Guidelines expound the permissible restrictions under the constitution and the provisions of the Act. They broadly capture the principles based on which prior restraint may be imposed on films submitted for certification. Guidelines and Principles The CBFC will not give a certificate for public  exhibition of the film or a part if it: is against the interests of the sovereignty and integrity of India; ...

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