14 February 2019

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Matrubhumi Printing and Publishing Ltd v. IPRS

in Copyrights, Intellectual Property, Media and Entertainment Law

This post was first published on June 21, 2011. FAO. No. 82 of 2009, Kerala High Court, decided by Justice M.N. Krishnan FACTS The Petitioner no 1, Matrubhumi Printing and Publishing Ltd who operates a licensed Radio Station “Club FM 94.3” in parts of Kerala has a license from the Phonographic Performance Limited (PPL) to broadcast sound recordings. Indian Performing Rights Society (IPRS), the defendant, a society of composers, lyricists etc which grants licenses with respect to musical and literary works threatened to initiate action against Matrubhumi as a license to broadcast was not sought from them. Thereby an interim injunction is...

14 February 2019

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Sholay Media and Entertainment Pvt. Ltd. and Anr. v. Vodafone Essar Mobile Services Ltd. and Ors.

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

This post was first published on June 12, 2011. (Delhi High Court, 09.05.2011) FACTS: Plaintiff No. 1 i.e. Sholay Media and Entertainment Pvt. Ltd. acquired all rights in the film "Sholay" in the year 2000 and was exploiting these rights in various areas such as ringtones, caller tunes etc. Certain rights in the film were assigned to Polydor of India by an assignment deed of 1978. The rights assigned to Polydor of India were acquired by Defendant No. 3 i.e. M/s Universal Music India Pvt. Ltd. The Plaintiffs alleged that Vodafone Essar Mobile Services Ltd. and Vodafone Essar Ltd. (Defendants No. 1 &...

11 February 2019

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Kindle eBooks and Amazon Marketplace – The Non-Compliance Continues

Posted by Dr. Kalyan C. Kankanala

in Copyrights, General, Intellectual Property, IP Commercialization/Licensing

Amazon's Kindle eBooks need no introduction. Everyone is aware of them, and since the launch of the Kindle eBook store in India, Amazon claims that its publisher and customer base is growing fast. In 2018, Amazon also launched Audible, its audio book store in India. So far, I have used the term Amazon loosely to refer to several of its entities. For purposes of this post, two entities of Amazon are relevant. One, Amazon Asia Pacific Holdings Private Limited (Amazon APAC" (Registered in Singapore), and Two, Amazon Seller Services Private Limited "Amazon India" (Registered in India). Amazon APAC licenses and...

09 February 2019

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The Wind from the West: Playwright Ananda Rao’s Padamati Gali

Posted by Dr. Kalyan C. Kankanala

in Copyrights, General, Intellectual Property

Note: This is not an IP post, and has only one reference to copyright protection. It comes; It changes; And it goes. It changes lives, lives of farmers, who provide food to the world. For many of us, the wind is nothing more than a phenomenon. But for farmers and their families, it is a life changing event. Seventy two years after independence, farmers in India continue to live uncertain lives. Their struggles are not much different from those before independence. The protests, the marches, the strikes, and the sacrifices prevail, and the fight is still on. Only the adversary has changed. This...

08 February 2019

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Facebook to Share Chats with Police, Artist Sues Ariana Grande, ‘Fiji Water Girl’ Suit, and more

Posted by BananaIP Reporter

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

Facebook to Provide User Chat Details for Sensitive Cases to Delhi Police, MEITy Invites Counter Comments on Draft Intermediary Rules, Vegas Artist Sues Ariana Grande for Using Art in Music Video, Creators of Netflix’s ‘Wild Wild Country’ Sued for Copyright Infringement, ‘Fiji Water Girl’ Sues Fiji Water for Unauthorised Use of Images, Spotify in Talks to Acquire Gimlet, TikTok and Sony Collaborate to Promote Thriller ‘Escape Room’ Copyright Quote The Copyright Bargain is a balance between protection for the artist and rights for the consumer. Robin Gross Copyright Statistics There is an increase of 14% in the total number of copyright applications filed last week as compared to the previous week....

06 February 2019

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Is GPL so Viral? – The New Phase of OSS License Enforcement and Compliance

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Open Source

The image is a screenshot of a mobile display. Click on image to view post.

This post was first published on 20th March, 2011. General Public License (GPL) is one of the most stringent open source licenses. Being a license created by Free Software Foundation, it may be termed as a strong copyleft license. One of the primary objectives of the license is to spread the philosophy of free software foundation to make source code available for copying, use, modification and distribution. Any derivative work of a software governed by GPL will also be governed by GPL and source code must be made available during distribution. Programs that are integrated with software governed by GPL are...

01 February 2019

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No Unauthorised Use of TOI and ET Content, Gigi Hadid Sued, Vice Partners with Hulu, and more

Posted by BananaIP Reporter

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

Copyright Quote “The beauty of Copyright law is it protects you and it provides you the opportunity to honour others” Peter Smith Copyright Statistics There is an increase of 10% in the total number of copyright applications filed last week as compared to the previous week. A total of 386 applications were filed for copyright registration during the last week. The majority of applications were filed for literary works and artistic works. S. No Type of Work Number of Applications filed in the Previous Week (14th January, 2019 to 20th January, 2019) Number of Applications filed in the Recent Week (21st January, 2019 to 27th January, 2019) Change Percentage Change 1. Literary...

31 January 2019

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A Writer by Any Other Name: Copyrights and Writers (Part 8)

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

The image depicts the a tag with Copyright written on it

Since the eighteenth century, writers have been writing under a name different from their given names. A few have chosen a different form of their own name, like a diminution or combination of their first, middle and last names. Others have chosen an entirely different name, far removed from their own. A few others have chosen a different name for each genre of their work, which has resulted in upto 11 personalities for some writers. Reasons for these pseudonyms or nom de plumes are many, including a foray into diverse genres, a need to conceal gender or legal identity, or...

29 January 2019

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Literary Works to Braille – Which Exclusive Right?

Posted by Dr. Kalyan C. Kankanala

in Accessibility, Copyrights, General, Intellectual Property

I write in response to Dr. Sunanda Bharti's post on Spicy IP, which talks about rights granted to copyright owners of literary works, and which right is involved in converting a literary work to Braille. In my opinion, the answer is not so complex as it seems. Braille is not a language, it is a form of expression of a language. It has the same alphabets as the language and nothing changes except the way in which letters are represented. So, converting a work into Braille does not amount to translation or even transliteration. By writing a literary work in Braille, one is making an...

28 January 2019

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History of Copyright Law in India

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

This post was first published on 3rd February, 2011. Today almost every nation has a copyright law in place and is mostly standardized to some extent through international and regional agreements such as the Berne Convention and the European copyright directives. But when we look back, we realise that the Copyright law has a very unique history. The earliest copyright case is traced back to Ireland, where there was a dispute over the ownership of the Irish manuscript Cathach. The Cathach is the oldest extant Irish manuscript of the Psalter. It contains a Vulgate version of Psalms XXX (10) to CV (13)...

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