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Copyrights

BananaIP Counsels > Copyrights (Page 2)

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

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...

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

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...

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

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...

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

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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Overlapping IP Protection: Call for Caution

The image depicts a venn diagram of Copyright, Patent and Trademark

This post was first published on September 11th, 2012. Rights and protection are both victim and villain in overlapping. Overlapping and provision of simultaneous or sequential protection for some inventive and creative works have become a part of the expansive Intellectual property law regime. For example, both copyright law and trademark law now protect ‘Angry Birds’ and ‘Miley Cyrus’. Overlapping copyright and trademark protection for these two characters not only means that their creators receive all the benefits flowing from both the copyright regime and the trademark system, but it also means that many of the benefits that would otherwise flow to...

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Would Licensing a Sound Recording Call For Separate License From the Lyricist and Composer?

This post was last published on May 15th, 2012. The case ruling in IPRS v. Aditya Pandey came as a huge loss to the music composers and lyricists of the industry. It was held that no separate license was required from the copyright owner of literary and musical work (lyricist and composer) that embody a sound recording. A brief overview of the facts are as follows-  The appellant, Indian Performing Right Society Ltd. (IPRS - for short) is a Copyright Society registered under Section 33 of the Copyright Act 1957 and has around 1478 members who are either authors of the lyrics or...

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Weekly Copyright News: Gully Boy Leaked, FFI Wants Piracy Court, Kanye West Sued, REM Gets Trump Tweet Removed, and more

AICWA Bans Pakistani Actors and Artists, Gully Boy Leaked Online Soon After Release, Film Federation Demands Special Court to Control Piracy, Family Sues Kanye West for Copyright Infringement, Twitter Removes Trump Tweet After Copyright Complaint from R.E.M., SCOTUS Declines to Hear ‘Empire’ Lawsuit, YouTube Changes Three-Strike Policy to Tackle Frivolous Claims, British Columbia Man Claims Ownership over People’s Party of Canada Name, McCafé to Sponsor Two SAFTA Categories, Songtradr Acquires Big Sync Music, Mattel Secures Three-Year Licensing Deal for Despicable Me, and more. Copyright Quote “Of all the creative work produced by humans anywhere, a tiny fraction has continuing commercial value. For that tiny fraction, the copyright is a crucially important legal...

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Music Broadcast Pvt. Ltd. v. Super Cassette Industries Ltd.

This post was first published on 5th September 2011. HIGH COURT OF DELHI RFA No.250/2011 & CM No.8977/2011 Decided On: 01/09/2011 Facts: This appeal arises out of the interim orders passed by Copyright Board in the litigation between Music Broadcast Pvt. Ltd (MBPL) and Super Cassette Industries Limited (SCIL) with respect to fixing of a royalty fee of a license agreement between the parties. According to the Memorandum of Understanding (MoU) between the two parties if the two parties are in litigation and if any Court/Copyright Board whether in any interim or final order where both SCIL and MBPL are parties, stipulates a rate...

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Weekly Copyright News: Cinematograph Act Amendment, Facebook to Make Political Ads Transparent, No Removal of Explicit Streaming Content, EU Agrees on Copyrights, Fiji Counter-sues, and more

Cabinet Approves Cinematograph Amendment to Curb Piracy, Delhi HC Dismisses Plea Seeking Removal of Explicit Streaming Content, Facebook to Increase Transparency of Political Ads, Jeff Bezos Accuses National Enquirer of ‘Extortion and Blackmail’, EU Negotiates Agreement on Copyright Rules, ‘GTA V’ Cheats Cost Creator USD 150,000 in Damages, Fiji Water Counter-sues Viral Fiji Water Girl, PV Sindhu Signs Lucrative 50 Crore Deal with Chinese Sports Brand, McFarlane Toys Inks Deal for DC Superhero Toys, Kiss and Emoji Collaborate, BMG to License Music through SESAC in India, Copyright Tip of the Week, and more. Copyright Quote When you have wit of your own, it's a pleasure to credit other people for theirs. - Criss...

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Kindle eBooks, FDI eCommerce Policy and Amazon Marketplace – Non-compliance Continues Contd.

Amazon Marketplace Non Compliance

Amazon Seller Services Private Limited ("Amazon") runs the eCommerce marketplace at www.amazon.in, and among other products, Amazon facilitates sale of eBooks and/or eBook subscription licenses on the platform at its Kindle eBook Store at https://www.amazon.in/Kindle-eBooks/b?ie=UTF8&node=1634753031. In my opinion, Amazon's business and approach with respect to eBooks does not comply with the recent FDI eCommerce guidelines by virtue of the following: By exclusively permitting only its group company Amazon Asia Pacific ("Amazon APAC") to sell eBooks on its marketplace; By giving preferential treatment to Amazon APAC's eBook products on the Marketplace; By requiring authors to publish exclusively on its marketplace through...

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