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Copyrights

BananaIP Counsels > Copyrights (Page 15)

TRAI Act Prevails over Copyright, Netflix sued for copyright infringement, ToH deal with Google and more.

Copyrights and Entertainment Law News

Supreme Court: TRAI Act Prevails over Copyright Law, No Winners in I&B Plan for DD Broadcast, Satanic Temple Sues Netflix for Copyright Infringement, Michael Jackson and Elvis Presley Top Dead Celebrity Earners, Thugs of Hindostan Strike Innovative Deal with Google Maps. COPYRIGHT QUOTE OF THE WEEK “The beauty of Copyright law is it protects you and it provides you the opportunity to honour others” - Peter Smith INDIAN COPYRIGHT STATISTICS There is an increase of 24% in the total number of copyright applications filed last week as compared to the previous week. A total of 281 applications were filed for copyright registration during the last...

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“Three Idiots” Controversy – An Analysis

This image depicts the 3 Idiots Movie Cover

First Publication Date: 5th January 2010. For all the ardent Mr. Chetan Bhagat’s readers, who loved “Five Point Someone-What not to do in IIT” and fans of the movie, “Three Idiots”, the attribution controversy has not been very pleasant. In a recent press meet, producer Mr. Vidhu Vinod Chopra’s outburst over the question on Mr. Chetan Bhagat’s allegations of not being given proper credit in the film has led to an important question. The question that needs to be analyzed now is whether proper credit has been given and is it actually required to be given? In one of the previous posts here...

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Moral of “3 Idiots”

This image depicts the 3 Idiots Movie Cover

  Date of First Publication: 4th January 2010   Dr. Kalyan needs to be thanked for the timely post (dated 3rd January) on the current controversy over the credits for the movie "3 Idiots". Let me take this opportunity to air a couple of observations/questions on related issues: 1. Can the author, in this instance a fairly well known and popular author Mr. Chetan Bhagat, contract away his "moral rights" specifically, and not through the mode of assignment of copyrights of the work? Nothing in our Copyright Law (Section 57 or otherwise) prevents an author from specifically agreeing not to enforce the applicable "moral...

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Music Band Agreements

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...

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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

Copyrights and Entertainment Law News

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...

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

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...

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Is the President of Senegal Entitled to Royalties?

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...

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Common Public License Version 1.0

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...

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Apache License, Version 2.0

The image depicts the Apache Software Foundation logo.

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...

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

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,...

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