28 October 2018

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Music Band Agreements

in Copyrights, Intellectual Property, Media and Entertainment Law

The image depicts the a tag with Copyright written on it

First Publication Date: 21st December 2009 Some aspects to be considered while drafting a Band Agreements are- the nature of properties that may be accumulated by the Band, during its operation; the types of projects that may be undertaken by the Band; the sharing of incomes realized by the Band as a whole; and the conditions of disbandment or for departure of Band members. A. The Band’s properties While a Band may come to own several forms of properties over the years, the most valuable of these properties would be the intangible properties called, Intellectual Property Rights. A music Band may own and...

26 October 2018

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Weekly Copyright News: No Copyright in Mechanical Compiled database, ‘Suspiria’ Copyright Suit settled, Tracy Chapman Sues Nicki Minaj, Comments on Digital Copyright System, CD Baby Partners with Cosynd and more

Posted by BananaIP Reporter

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

Tamil Film Anti-Piracy Cell Suspends Piracy Platforms, Delhi HC: No Copyright in Mechanical Compilation of Customer Database, Artist’s Estate and Amazon Studios Settle ‘Suspiria’ Copyright Suit, Tracy Chapman Sues Nicki Minaj for Copyright Infringement, Songwriter Awarded $44 Million for Being Uncredited on Usher’s Album, US Copyright Office Seeks Comments on Digital Copyright System, CD Baby Partners with Cosynd to Streamline Copyright Registration, Facebook Expands Music Features and Lip Sync Live. COPYRIGHT QUOTE OF THE WEEK “Moral rights form the essence of copyright law. When they conflict with economic rights, moral rights must always prevail”. -Dr. Kalyan C. Kankanala INDIAN COPYRIGHT STATISTICS There is a...

25 October 2018

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Enforcement Action Against Palm for Violation of Terms of Open Source License

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Open Source

The image depicts a man pointing with the words 'I want you to open source' written at the bottom as the post is about open source software

First Publication Date: 7th December 2009 Today, Open Source Software (OSS) is being widely used in business as high quality software is being developed by open source communities. Most proprietary softwares have their OSS counterparts, which provide similar or better features. As integration of open source softwares into business is increasing, companies have evolved various business models for commercially gaining from OSS. One of such models is the dual licensing model. Under a dual licensing model, a company makes a software available as an Open Source Software under an open source license and also makes the same software available under a commercial...

24 October 2018

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Is the President of Senegal Entitled to Royalties?

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

The image depicts the statute of a woman and a man holding a child sitting on a rock i.e., the African Renaissance statue.

First Publication Date: 18th November 2009 A statue named “African Renaissance” is being made in Senegal which will be taller than the Statue of Liberty in New York and larger than the Eiffel Tower of Paris. This statue is being made with an understanding that the same will give a boost to the tourism and will generate income which can be used for the welfare of the country. However, ever before the completion of this “Artistic work”, the same has come under the controversies, which run around none other then the President of Senegal. Image Source/Attribution here (Governed by Creative Commons License...

22 October 2018

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Common Public License Version 1.0

Posted by BananaIP Reporter

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

First Publication Date: 3rd April 2009 The Common Public License (CPL) is an open source license agreement released by IBM. The company holds copyright over the license. It permits the distribution of the license but limits the right to modify it. Softwares such as Windows Installer XML developer tool, Windows Template Library and so on have been released under the Common Public License. Rights The agreement grants a license over the following rights under the copyright law to every person receiving a software under the license: Right to Reproduce; Right to Distribute (source code or object code); Right to Make derivative works; Right to Publicly display; Right to...

21 October 2018

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Apache License, Version 2.0

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Open Source, Patents

First Publication Date: 10th November 2008 The Apache License applies to all software contributed by Apache or any other person under the license. Copyright and Patent License The license grants both copyright and patent rights over any software distributed under the license the licensee (any person receiving or using a software under the license.). The license grants the following rights under the copyright law: Right to reproduce the software; Right to modify the software; Right to publicly display; Right to publicly perform; Right to sub-license; and the Right to distribute the software in the form of object or source code. If a person contributing a software under the license holds...

20 October 2018

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R.G. Anand vs. Delux Films and Ors., AIR 1978 SC 1613

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

The image depicts a warrior fighting copyright issues.

First Publication Date: 14th September 2008 CASE FACTS: The appellant, R. G. Anand, an architect by profession and also a playwright, dramatist and producer of several stage plays, wrote and produced a play called ‘Hum Hindustani’ in 1953. It ran successfully and was re-staged in 1954, 1955 and in 1956. Aware of the interest of the plaintiff in filming the play in view of its increasing popularity, the second defendant, Mr. Mohan Sehgal, contacted plaintiff. In January, 1955, plaintiff met the second and third defendants and had detailed discussions about the play and its plot and the desirability of filming it. However,...

19 October 2018

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Weekly Copyright News: Tata Sky Drops Sony, Harassment Clause in Contracts, American Airlines Sues US Copyright Office, BLIZZARD and LEGO Team Up and more

Posted by BananaIP Reporter

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

Tata Sky Drops Sony Channels Over Pricing Issues, Emraan Hashmi Adds Sexual Harassment Clause to Contracts, Calcutta High Court Orders Vodafone to Deposit 2.5 Crores in IPRS Copyright Suit, Calcutta High Court Orders Vodafone to Deposit 2.5 Crores in IPRS Copyright Suit, Commerce Ministry Approves Establishment of IPR Chairs in 12 Universities Including NLUs and IITs, Copyright Office Allows Hearing Through Video Conferencing, Facebook News Feed Demotes Sites with Stolen Content, American Airlines Sues US Copyright Office for Refusing Registration, COSBOTS Joins IFFRO for Effective Administration and Management of Reproduction Rights, IFPI Releases Music Consumer Insight Report 2018, BLIZZARD and...

18 October 2018

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Gramophone Company of India Ltd. vs. Birendra Bahadur Pandey and Ors., 1984 AIR 667

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

The featured image show Supreme Court of India. The post is about Gramophone Company of India Ltd.

First Publication Date: 24th July 2008 CASE FACTS: Gramophone Company of India Limited is the owner of copyright in the recordings of performing artists to whom it pays royalties. The company learnt of the arrival of a consignment of pirated copies of these recordings at Calcutta. The same were being transported from Singapore to Nepal through India. Action was initiated against the consignee for violation of Gramophone India’s copyright. CASE HISTORY: Gramophone India sought action from the Registrar of Copyrights to curb the circulation/import of the pirated recordings. When the Registrar failed to take necessary action, the company filed a writ petition, seeking a...

16 October 2018

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GNU Lesser General Public License Version 3

Posted by BananaIP Reporter

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

First Publication Date: 25th March 2008 Introduction The Lesser General Public License("LGPL") is a license used by the Free Software Foundation for software libraries. The license governs all open source software libraries of Free Software Foundation and many others who choose to use it. LGPL defines terms and conditions for copying, modification and distribution of software libraries. Version 3 of LGPL incorporates all provisions of the General Public License ("GPL") and lays down certain additional permissions for software libraries. Rights A software library governed by version 3 of LGPL is also governed by GPL. Under GPL, a person gets the right to copy, run...

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