31 March 2017

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Copyright cases, Copyright infringement, Entertainment technology, Licensing, Copyright Board, Copyright tips and more

The featured image shows a green school board on which the following words appear to be written by chalk. The words read "Copyrights, Media & Entertainment Law news : Weekly updates". To get your weekly updates and news on IP, click here.

Copyright cases, Copyright infringement, Entertainment technology, Licensing, Copyright Board, Copyright tips and more, presented by the Media & entertainment law attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm. Entertainment quote of the week 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 device. - Lawrence Lessig Copyright Cases Plagiarism charges against Hindi movie titled ‘Hindi Medium’ Shiboprosad Mukherjee and Nandita Roy, filmmakers of a Bengali film called Ramdhanu have alleged copyright infringement against the makers of the Hindi movie titled ‘Hindi Medium’. Mukherjee has...

28 March 2017

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Ilayaraja v. S.P. Balasubramanyam

Posted by Dr. Kalyan C. Kankanala

in Copyrights, Intellectual Property, Media and Entertainment Law

The featured image is the photograph of singer S.P. Balasubramaniam. To read this post of the Ilayaraja and SPB copyright case, click here.

Ilayaraja's copyright notice to S.P. Balasubramanyam asking the singer to pay royalties for performance of his musical compositions in USA has provoked debates, arguments and discussions on various fronts. To the question, does S.P Balasubramanyam need a license to perform his own works (songs he sang and recorded for films)? ; The answer is a simple and straight forward – Yes! S.P Balasubramanyam has to take two licenses for each song he wishes to perform - one for the lyrics, and one for the musical composition. For several years, music composers and record labels in India turned a blind eye...

24 March 2017

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Censorship, Publicity Rights, Licensing, Merchandizing, Technology, Blockchain, Cases, Copyright Tips and more

Posted by BIP Patent Attorneys

in Copyrights, Intellectual Property

Censorship, Publicity Rights, Licensing, Merchandizing, Technology, Blockchain, Cases, Copyright tips and more, presented by the Media & entertainment law attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm. Quote of the Week "Every film must be assessed through the eyes of the contemporary, Intelligent, Informed Spectator with a distracted mind, and not the outdated, Innocent, gullible Spectator of the past. The rapid progress of entertainment technology, and the emergence of novel modes and means of content distribution obviates the need for censoring public exhibition of films." - Dr. Kalyan C. Kankanala, Renowned IP Attorney, Author and Professor. Copyright Cases Bhjopuri producer loses Copyright case...

24 March 2017

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Review Committee Reports, Benegal Committee report, Mudgal Committee report, Censorship Model (Part 4)

Posted by Dr. Kalyan C. Kankanala

in Copyrights, Intellectual Property, Media and Entertainment Law

The featured image reads "Government censorship protecting you from reality". To read what this is about, click here

Continued from Part 3, read part 3 by clicking here. Review Committee Reports The Benegal Committee and the Mudgal Committee constituted in 2016 and 2013 were tasked with the job of making recommendations for the process of film certification in India, Uniform, Non-Discriminatory and Non-Discretionary among others.[11] Though both the reports agree that the existing system of film certification is fraught with subjectivity, they diverge in their recommendations for making it objective. While the Mudgal Committee, in line with its mandate, recommends making the certification mechanism objective and transparent by amendments to principles and changes in the process, the Benegal Committee recommends a...

21 March 2017

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Film Expression and Censorship in India: An Introduction (Part 1)

Posted by Dr. Kalyan C. Kankanala

in Copyrights, Intellectual Property, Media and Entertainment Law

The featured image reads "The worst thing about censorship is (the text after this line is blocked with a black tape". This image very aptly indicates censorship. To read more click here.

Expression in the form of films is unique and special in many ways. Films merge life-like moving pictures, sounds, and other effects to tell a story, or send a message unlike any other form of expression. When the film is shown to a captive audience in a closed, dark environment, with the aid of advanced technology, its impact is heightened substantially. It is believed that one does not experience the same euphoria, emotion and engagement if the same film is seen on a television or computer at home. The impact of the film is therefore presumed to be higher when...

17 March 2017

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Copyright Infringement, Entertainment tax, Beauty and the Beast, Swarovski, Copyright tips and more

Posted by BIP Patent Attorneys

in Copyrights, Intellectual Property, Media and Entertainment Law

Copyright Infringement, Entertainment tax, Beauty and the Beast, Swarovski, Copyright tips and more, presented by the Media & entertainment law attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm. Quote of the Week "Kill Piracy; Save Creativity." - Pirates of Bollywood, Dr. Kalyan C. Kankanala, Renowned IP Attorney, Author and Professor. Recent entertainment case laws MSOs and local cable operators liable to collect and pay entertainment tax to the government. Responding to the pleas filed by multi-system operators (MSOs) and local cable operators -DEN Networks Ltd, Hathway Cable and Datacom Ltd, IndusInd Media and Communications and SITI Cable Network Ltd., that challenged the levy...

11 March 2017

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Sound Recording, Literary & Musical Works and Right to Royalty – Part 2

Posted by BIP Patent Attorneys

in Copyrights, Intellectual Property

The featured image shows scrabble tiles arranged to form the word "Copyright". To read more about this, click here.

As discussed in Part 1 of this post Section 13(4) of the Copyright Act[1] recognizes that there is separate copyright in the underlying musical and literary works which are embodied in a cinematographic film or sound recording[2]. Therefore, underlying works do not lose their existence upon a sound recording being made but remain exclusively mutual[3]. But this question becomes pertinent because the Act grants both authors of the musical & literary work and authors of sound recording the right to communicate their work to public. Parties’ akin radio stations, event management companies and other commercial establishment have time and again questioned...

10 March 2017

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DU copyright case – latest development, Pirate Bay, Creative Commons, Batman, Pink Panther and more

Posted by BIP Patent Attorneys

in Copyrights, Intellectual Property

DU copyright case latest update, Pirate Bay, Creative Commons, Batman, Hello Kitty, Pink Panther, Pokémon and more, presented by the Media & entertainment law attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm. Quote of the Week "We live in a world where value of creativity is measured by commercial success, and copyrights are mere instruments of financial benefit, not creative progress." - Dr. Kalyan C. Kankanala, Renowned IP Attorney, Author and Professor. Copyright Cases Three international publishers decide not to pursue copyright case against Delhi University-based photocopy shop Oxford University Press, Cambridge University Press and Taylor and Francis publishers four-and-half-years ago had started a legal battle against...

03 March 2017

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Star Wars’ New Trademark, Timeless Copyright Law Suit, Garfield merchandise and more

Posted by BIP Patent Attorneys

in Copyrights, Intellectual Property

This weekly update on Copyrights, Media and Entertainment Law is brought to you by the Entertainment Law attorneys and experts of BananaIP Counsels, India's Premier New Age IP Firm. In this post we bring to you the latest entertainment law news and updates such as the Star Wars franchise's new trademark filing, Garfield merchandise, Shemaroo and Hathway tie-up and more. Quote of the week “There is a Pirate in every one of us.” - Kalyan C. Kankanala, IP attorney & author of the acclaimed copyright law thriller - Pirates of Bollywood. Entertainment Law News and Updates Lucasfilm files trademark for “Star Wars: Rivals” Reports suggest that Lucasfilm, the...

24 February 2017

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Rangoon movie, Facebook Licensing, DC Super Hero Girls, Special 301 and more

Posted by BIP Patent Attorneys

in Copyrights, Intellectual Property, Media and Entertainment Law, Patents

This weekly update on Copyrights, Media and Entertainment Law is brought to you by the Entertainment Law experts of BananaIP (BIP) Counsels. Thought of the Week "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 device." - Lawrence Lessig Copyright Infringement Case updates Kangana and Rangoon team land in murky waters of copyright infringement Film production company Nadia Movietone Pvt Ltd. has filed a copyright infringement suit against director & producer Vishal Bhardwaj and has sought a stay on the release of his movie 'Rangoon'. The Bombay High Court has...

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