25 July 2019

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Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part V

This Image depicts a seedling is being protected by two hands on it This Image is relevant as the article deals with the Copyrights and protection of ideas. Click on this Image for more Information.

This post was first published on 11th August, 2014. Last week, we discussed the Urmi Juvekar Chiang case. Today we will look at the case of (1) Mr. Anil Gupta and (2) Another. vs. (1) Mr. Kunal Dasgupta and (2) Others - A landmark case, indeed, in the area of protecting ideas and concepts. This case elucidates the dos and don'ts of Idea Protection and Breach of Confidence in the Entertainment Industry. Plaintiff No. 1 - a Media Consultant Defendant No. 2 - a Television Production House It is the case of the Plaintiff that he conceived the idea of producing a reality television programme containing the process...

25 July 2019

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Harmonious Construction Can Ignore the Term Clause

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

This post was first published on 25th May, 2012. The plaintiff Shemaroo Entertainment Ltd. has filed this petition in the Delhi High court against Amit Sharma & others. The case has been decided on 16th May 2012. Shemaroo Entertainment Ltd. contended that it held copyrights over the song “Thodi si jo pee le hai” from the movie “Namak Halal” and prayed towards restraining the Defendants from using the “Thodi si jo pee le hai” in their film “Department”; from releasing or distributing the film without deleting the portion of the song and also from exploiting the audio rights of the film...

25 July 2019

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Broadcasting Licenses under Sec. 31D of Copyright Amendment Act, 2012

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

This Image depicts the Copyright License Agreement. . This Image is relevant as the article deals with the Section 31(d) of the Copyrights Amendment Act,2012. Click on this Image for more Information.

This post was first published on 4th September, 2014. The Copyright Amendment Act, 2012 has incorporated a new section into Chapter VI of the Copyright Act, which authorizes the Copyright Board to grant licenses to communicate to the public by way of performance of a literary or musical work and sound recording, which has already been published after paying Royalty fixed by the Board. One question that is frequently raised with respect to this section is its relevance and applicability to television broadcasters. In order to understand the meaning and scope of this section for radio and television broadcasting organizations, it is...

24 July 2019

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Works Made for Hire and Film Production – Part I: Notes on Copyright Amendment, 2012

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

The image shows a man holding a placard reading "Will work. Made for Hire". The post is about works for hire. Click on image to view post.

This post was first published on 24th June, 2014. 'Made for hire' works are of two types: a. Works created under a contract of employment or apprenticeship (Contract of Service); and b. Specially commissioned works (Contract for Service). Copyright Law, with respect to works made for hire is codified under Section 17 of the Indian Copyright Act. Clauses (b) and (c) of the section are specifically relevant to this article. They read as follows: "17. First owner of copyright...

24 July 2019

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India’s Copyright Societies & Collective Rights Management – Part VI

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

This Image depicts the Word Art of 'Copyright'.This Image is relevant as the article deals with the Bombay High Court's Clarification on grey areas in Copyright Amendments Act,2012. Click on this Image for more Information.

This post was first published on 4th August, 2014. The primary purpose of a Copyright Society, also referred to as a Copyright Collective, is Collective Rights Management. A typical society acts as a middle man between authors/owners of copyrighted works and the Licensees of such works. Simply put, authors transfer all or some of their rights to the society and the society, in turn, licenses those rights, collects royalty and distributes the royalty among authors. The society also collects an administrative, management or facilitation fee for this activity. Such fee is normally in the range of 10-15% of the license fee. Collective...

23 July 2019

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Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part I

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

This Image depicts the clip art of 'This is the best idea i've heard all decade. This Image is relevant as the article deals with the Protecting Ideas in Entertainment Industry. Click on this Image for more Information.

This post was first published on 23rd April, 2014. An idea may be defined as a thought, which cannot be seen, touched or heard. In other words, an idea is entirely intangible in nature. Ideas can be kept secret or commercially exploited, but to gain protection, they need to satisfy the threshold of originality and novelty. Even though ideas act as catalysts for various Intellectual Property protections, by themselves, they are not qualified to obtain protection. Since an idea, taken at face value, does not fulfill the requirements of protection, it allows more than one person to create work (tangible) based on the same idea. Infringement occurs only...

23 July 2019

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Gawker Media Sued By Dr. Phil; U.S. ‘Six-Strikes’ Policy Company loses its Status; and more

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

This post was first published on 20th May, 2013 Gawker media gets sued by Dr. Phil for copyright infringement Dr. Phil sued Gawker media for copyright infringement when a part of his exclusive interview with Ronaiah Tuiasosopo was shown in another show by Gawker media. Claiming to have misappropriated and stolen a part of the show, the aggrieved Peteski productions of Dr. Phil sued Gawker media for infringement. Read More The company that supervises the US 'Six-Strikes' Policy loses its status as a 'Company' The Center for Copyright Information, a company that was established to oversee and supervise the US 'Six-Strikes' policy lost its status...

23 July 2019

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Salient Features of the Copyright Amendment Bill 2012 and its Impact on Entertainment Industry

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

This Image depicts a still by Akshay Kumar and Trisha from the Movie 'Khatta Meetha'. This Image is relevant as the article deals with the Copyright Amendment Act,2012 and its impact on Entertainment Industry. Click on this Image for more Information.

This post was first published on May 30, 2012. As we have previously reported, both the Houses of the Parliament passed the Copyright Amendment Bill 2012 in quick succession with overwhelming support from the opposition. The Bill is now awaiting the President’s assent and a gazette notification to become a law. The Bill has undergone many changes based on the recommendations of the Standing Committee and offers a scheme of provisions different from its previous version (the Bill 2010) in many respects. Here is an attempt to analyse the new Copyright Amendment Bill 2012 with its possible impact on the entertainment industry....

13 July 2019

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Bombay High Court Rules that CBFC has no ‘Intellectual Morality’,US Copyright Office forms a Mechanical Rights Society,Rapper Sues Insurance Company over Copyright Infringement Lawsuit, and more

Posted by BananaIP Reporter

in Copyrights, e-Commerce Law, Intellectual Property, Media and Entertainment Law

Bombay High Court Rules that CBFC has no ‘Intellectual Morality’; Upcoming Film “Roohi Afza” Averts Copyright Infringement; Copyright Infringement Lawsuit filed against the film ‘Mission Mangal’; Rapper Sues Insurance Company over Copyright Infringement Lawsuit; US Copyright Office forms a Mechanical Rights Society; Huawei continues to remain on US Export Blacklist; Restrictions on Sale by E-Commerce Platforms; Etsy asks Sellers to include Shipping Price in their Items; E-Commerce Policies in India under Budget 2019, and more. NATIONAL NEWS Bombay High Court Rules that CBFC has no ‘Intellectual Morality’ The Censor Board of Film Certification (CBFC) received flak from the Bombay High Court after...

07 July 2019

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American Broadcasting vs. Aereo – Landmark Copyright Infringement case

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

This post was first published on Jun 27, 2014

On June 25th, 2014, the prolonged legal battle between Aereo, Inc. (Defendant) and the American Broadcasting Companies Inc. (Plaintiffs) – ABC, CBS, NBC and Fox, came to a screeching end. The US Supreme Court decided against the legitimacy of Aereo’s service on the grounds of Copyright Infringement. This is a landmark judgment in the Copyrights world since, if decided otherwise, there could have been a drastic impact on the market of television broadcasters.

Aereo Inc. was founded in 2012 with its Head Office in New York City. They offered a service that would allow their subscribers to view broadcast television at a menial $10-$12 a month. A subscriber could watch the broadcast on a cell phone or a computer and even record for viewing later.

Aereo provided each subscriber with a small antenna and a server tuned the antenna to the show that the subscriber desired to watch. A transcoder translated signals that the antenna received into data that could be transmitted over the internet. Although the streaming would run a few seconds behind the over-the-air-broadcast, it essentially served the purpose of a television broadcaster.

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