22 March 2019

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Weekly Copyright News: ‘Bala’ Infringement Suit, No Political Ads at IPL, IPRS License to YouTube, and more

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

Director Files A Suit Against Makers of ‘Bala’, Delhi Health Director Asks Centre to Restrict Tobacco Ads at Filmfare, No Political Ads During IPL 2019, Music Publishers Sue Peloton, Universal Music Wins ‘Generic Lyric’ Copyright Infringement Suit, Court Dismisses $4 Million Award Against Zillow , RNC Fends Off Copyright Infringement Claim Filed by Montana Photographer, Discovery India Partners with Dailyhunt for Short-form Content, Google Obtains IPRS License for YouTube, Facebook Signs Music Deals with T-Series, Zee and YRF , Hotstar Gets IPL Broadcast Rights in UK , Angry Birds Maker Rovio Overhauls Merchandise Licensing, and more. Copyright Quote “Every film must be...

18 March 2019

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My Fair Writer – Fair Use Principles for Writers: Copyrights and Writers Part 12

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

As discussed in the previous post, the unauthorised exercise of any exclusive rights in a copyrighted work amounts to copyright infringement. However, copyright law provides certain exceptions to this rule, which are known as ‘fair use’ exceptions. Although the Copyright Act provides for a number of exceptions, this post discusses only the few exceptions which are relevant for writers. Fair Dealing Works belonging to another person may be copied for various purposes like research, criticism, reporting of current events. However, in each of these situations, the law requires that the writer use the work in a manner that amounts to ‘fair dealing’....

15 March 2019

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Weekly Copyright News: T-Series Gets Infringement Notice, ‘#MeToo’ Filmmaker Challenges CBFC, GTA V Infringer Settles, and more

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law, Publicity Rights, Publicity Rights/ Celebrity Rights, Social Media Law, Sports Law

Filmmaker Sends Notice to T-Series for Khandaani Shafakhana; '#MeToo' Filmmaker Challenges CBFC Order to Change Movie Name; MEITy Clarifies TOI Headline Threatening Twitter; GTA V Copyright Infringer Agrees to Settlement; Marc Jacobs Requests Dismissal of Nirvana’s Smiley Face Logo Lawsuit; VidAngel Liable for Wilful Copyright Infringement; Artists Temporarily Drop ‘Fortnite’ Charges after SCOTUS Ruling; Netflix Dives into Anime Craze with Numerous Japanese Studio Partnerships; Citizen Watches Collaborates with Captain Marvel, Sponsors World Premiere; Disney And Accenture Create Unique ‘Dumbo’ Posters; Dailymotion Collaborates with NBA G League to Provide Premium Sports Content, Copyright Tip of the Week, and more. Copyright Quote Of all...

11 March 2019

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Hiding in plain sight: Is Spotify in the ‘business of issuing or granting licenses’?

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

Spotify, the Swedish audio streaming service recently launched in India. The service, offering both ad-supported as well as paid premium subscriptions has already acquired one million users in the first week of its launch and by the looks of it will continue to gain users. Besides the seemingly overnight popularity the service has also been in the news for its ongoing legal battle with Warner Music Group. However, that will not be the focus of this post. In this post we will look at Spotify’s content licensing business in the light of Section 33 of the Copyright Act 1957 (as...

08 March 2019

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Weekly Copyright News: Patanjali Forces Removal of Defamatory Videos, Registration Needed for Infringement Suit, Netflix sued for FYRE, and more

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law, Publicity Rights, Publicity Rights/ Celebrity Rights, Social Media Law

Delhi High Court Directs YouTube to Take Down Video Defaming Patanjali, Uri Makers Lose Piracy Battle After Recent Surgical Strikes, Spotify India Hits One Million Users in its First Week, Copyright Office Allows Scanned Signatures in Applications, SCOTUS: Copyright Registration a Must to File Infringement Suit, FYRE Festival Attendee Sues Netflix for Copyright Infringement, Warner Bros. Shuts Down ‘The Departed’ Campaign Claiming Copyright Infringement, Fox Loses Huge ‘Bones’ Lawsuit Involving Profit Participation, Coogi Sues Nets, Nike and NBA over Notorious B.I.G Themed Merchandise, Disguise Inc. Signs Multi-Year Licensing Agreement to Create Pokémon Costumes, WB Brings Hello Kitty! to Hollywood, Mötley...

08 March 2019

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Your Story! So What? – Books, Similarity and Copyright Infringement – Copyrights and Writers Part 11

Posted by Dr. Kalyan C. Kankanala

in Copyrights, Intellectual Property

Copyright Infringment, Author rights, Post on Authors and Copyrights

Copyright does not protect ideas except to the extent they are expressed, and a writer will not be liable for copyright infringement if she copies only ideas of another writer. Ideas, facts, historical events, and public domain works are open to all writers, and no writer can claim exclusivity over them under the copyright law. However, a writer is not permitted to copy expressions of another writer, and such copying without authorization gives rise to copyright infringement. Copyright Infringement If an author exercises exclusive rights of another author with respect to his copyrighted book without permission, the first author will be liable...

06 March 2019

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Your Book or Mine – Writers’ Moral Rights: Copyrights and Writers Part 10

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

A writer has two types of rights in his/her work: moral rights and economic rights. Economic rights are most often brought up in a discussion on copyright law, as they could lead to direct commercial benefits for the writer as well as other parties involved in a transaction. As seen in the previous post, the rights to publish a work, make it available to the public, and make and distribute copies of that work are important rights for a writer to make a living. Although moral rights do not directly help the commercialisation of a writer’s work, they are essential...

01 March 2019

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Reading Between The Lines- Book Publishing Contracts: Copyrights and Writers Part 9

Posted by Dr. Kalyan C. Kankanala

in Copyrights, Intellectual Property

Reading Between The Lines- Book Publishing Contracts_ Copyrights and Writers Part 9

Getting a publishing contract is an important milestone for a writer. For some writers, that is a remarkable achievement. This is despite the fact that the value added by publishers in publishing a book has been diminishing over the years. In reality, a publisher is merely a middle man between the author and the reader, and though many publishers claim to contribute to the quality of the book, their role is mostly limited to copy editing, printing, and distributing it. The success of a published book is largely dependent on the author and his efforts, and when seen from this...

01 March 2019

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Weekly Copyright News: E-Commerce Policy, Rush for Patriotic Movie Titles, Spotify in India, and more

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law, Publicity Rights, Publicity Rights/ Celebrity Rights, Social Media Law

DIPP Invites Comments on E-Commerce Policy, Bollywood Rushes to Register Patriotic Movie Titles, Spotify’s India Launch Hit by Warner Suit, IFTDA Bans Navjot Singh Sidhu from Kapil Sharma Show, Tiktok Launches Video Series on Community Guidelines, Total Dhamaal Leaked Online Soon After Release, APC: Serena Williams’ Cartoon Not Racist, Nicki Minaj Denies Copyright Infringement in Tracy Chapman Lawsuit, US Copyright Office Denies Copyright for ‘Carlton Dance’ in Fortnite Suit, US Court Allows AT&T-Time Warner Merger, Facebook Held Liable for Retaining Copyright Infringing Links in Italy, Pocket Aces Teams up with Amazon, Tip of the Week, and more. Copyright Quote Unfortunately, nothing is...

25 February 2019

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Kindle eBooks, Amazon and Business of Licensing: Section 33 Non-Compliance?

Posted by BananaIP Reporter

in Copyrights, General, Intellectual Property, Trademarks

amazon Kindle India non compliance on FDI law

Over the years, the copyright law was amended several times to achieve different objectives ranging from inclusion of new works and rights to protecting interests of authors. One of the amendments to Indian copyright law in 1994 related to creating an exclusive business zone for copyright societies, whose objective is to manage works of authors, publishers and owners and facilitate ease of licensing and royalty sharing. The amendment provided in Section 33 of the Copyright Act that only copyright societies can be in the business of granting or issuing licenses. The objective of this limitation to the business of licensing...

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