12 December

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If I Could Copyright… My Art: Copyrights and Writers (Part 6)

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

This post deals with filing of copyright registration application for protection of Artistic works forming part of a book. As stated in our previous post, text of a book is protected under Literary works, but some part of the book like images, diagrams, cover image, etc., may be protected under Artistic works. In order to ensure better copyright protection in a book it is recommended that a writer should first file for copyright registration for artistic works used in promotion of the book and cover image of the book. As elaborated in the previous post written by my colleague, Ashwini Arun,...

10 December

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

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

As stated in our earlier posts, copyright registration is not mandatory, as copyright comes into existence the moment a work is expressed in a tangible form. However, writers are generally advised to get copyright registration for the work to make sure that the ownership of the work is duly established and to avoid disputes related to ownership. As copyright registration certificate acts as a proof of ownership right, it is advised that the copyright registration application is filed in the real name of the person/entity having the right in the work. The application process for registering a copyright is simple, and...

08 December

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Open Source – A business reality

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Open Source

First Publication Date: 5th October 2010 Open source has today become a necessity for most businesses. It is estimated that 99 percent of all companies using software use atleast one open source component. The business value added by open source products makes them inevitable for every company. In addition to software, open source has today expanded its tentacles to many areas from open text books to open drug discovery and is fast spreading to other areas.No business shift happens without legal hurdles and complications. With the rise in application of open source to businesses, the legal battles with respect to such...

07 December

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Weekly Copyright News: Fan’s Facebook Page is Back, PIL Filed Against Kedarnath, Fox News Wins Copyright Suit, Tatasky New Partner and More

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law

Ilaiyaraja Threatens Legal Action for Non-Payment of Royalties, Fan’s Facebook Account Reactivated After BCCI Copyright Row, Another PIL Filed Against Kedarnath for Hurting ‘Hindu Sentiments’, Qatar Requests WTO Proceedings Against Saudi Arabia’s IP Violations, Gayle Awarded AUD 300,000 In Defamation Claim Against Fairfax Media, Russian IP Courts Set to Use First Intellectual Property Blockchain, Fox News Wins Copyright Suit Against Monitoring Service TVEyes, Clothing Brand Fashion Nova Slapped with Copyright Infringement Suit, Etsy and Seller Sued for Copyright Violation, Netflix Pays Warner USD 100 Million to Keep ‘Friends’, US-based Cinedigm Acquires ComicBlitz, Partners with China International TV Corp, Tata Sky...

04 December

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Licensing of software does not give rise to patent exhaustion

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Open Source

First Publication Date: 20th September 2010 The United States Court of Appeals for the Ninth Circuit clarified the legal confusion that was existing on the application of the first sale doctrine or doctrine of patent exhaustion with respect to software licenses. The Court clarified that the exclusive distribution right is limited by the first sale doctrine, which is an affirmative defense to copyright infringement that allows owners of copies of copyrighted works to resell those copies. Further the Hon’ble Court held that the exclusive reproduction right is limited within the software and this affirmative defense is unavailable to those who are...

04 December

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Why Don’t You Copyright Me? Copyrights and Writers (Part 4)

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

As seen in the previous posts, a copyright protects original and creative expression in a tangible form. While copyright exists in a work irrespective of registration, writers are advised to register their works. This post looks at the various categories under which a writer’s work can be protected and why it should be registered. Protecting a Writer’s Work According to Copyright law, the following types of works form the subject matter for copyright protection: Literary Work; Musical Work; Artistic Work; Dramatic Work; Cinematograph Work; and Sound Recording. Books are mainly protected under copyright law as literary works. Literary works include poems, song lyrics,...

30 November

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Copyright Infringement: Bharat Law House vs. Wadhwa

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

First Publication Date: 13th June 2010 Supreme Court vacated Interim Application passed in favor of plaintiff and also allowed the IA in favor of defendants. This case is a hearing of interim application before Supreme Court while main suit was pending for trial. Case Facts Well-known authors Ratanlal and Dhirajlal wrote books on IPC, CrPC, Evidence Act, Torts, Law of Crimes and Bombay Criminal Cases. All these six books were assigned to the defendants by Mrs. Mary. Later, assignor and the defendants had a legal dispute which was finally settled by a compromise decree in court. As per decree, defendants were entitled to assignment of 4 books out of...

30 November

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Weekly Copyright News: Akshay Kumar’s Upcoming Film in Trouble, Australia’s Copyright Amendment Bill 2018, 2.0 Filter on Facebook, Spotify to Launch in India, Shutterstock Team-up with Greenlight and More

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law

Telcos Petition Censor Board to Suspend Release of 2.0, Copyright Infringement Suit Halts Akshay Kumar’s Mission Mangal, Cinefil Applies for Registration as Copyright Society, Warner Bros. Settle Sabrina Infringement with Satanic Temple, Australia’s Copyright Amendment Bill 2018 Expands Piracy Laws, Malaysian Developer Sues Fox and Disney, Akshay Kumar Releases Special 2.0 Filter on Facebook, Spotify to Launch in India in the Next six Months, Shutterstock Simplifies Photo Licensing, Discover Media Lab Expands International Partnerships. COPYRIGHT QUOTE OF THE WEEK Monitoring and taking down infringing digital content is the key to internet/digital licensing success. -Dr. Kalyan C Kankanala INDIAN COPYRIGHT STATISTICS There is a decrease...

29 November

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Independent Touch of Creativity: Copyrights and Writers (Part 3)

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

Writings expressed on tangible forms are copyrightable only if they are original and creative. The thresholds are low, but they still have to be satisfied. Originality Originality checks whether a writing has been independently created. The question is not about similarity of works, it is about independence of expression. As long as a writer has independently written her work, it will not matter if the work is similar or identical to another work. Example: If X writes a poem, and it is identical to a poem written by Y, X's poem will be considered original if she has written the poem independently, and...

28 November

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

Posted by Dr. Kalyan C. Kankanala

in Copyrights, Intellectual Property

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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