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Copyrights

BananaIP Counsels > Copyrights (Page 3)

Autodesk, Inc. & Another v. Mr. Prashant Deshmukh & Others

This post was first published on June 25, 2011. Facts:  Autodesk Inc. is a well known U.S. based design software and digital content company which provides design software to professionals and has a large market in India as well. It is also the owner of various Trademarks in India including AUTODESK and AutoCAD.  Microsoft Corporation is the owner of various well known computer software like Microsoft Office and Microsoft Windows, having a subsidiary company in India. In May, 2003, Microsoft received information from Mr. Devesh Tiwari, a Service Engineer for computers of M & S Consultancy Services, about large scale use of...

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Intermediaries, Marketplaces and Take Down Actions

Intermediaries, Marketplaces and Take Down Actions

My colleague, Ashwini Arun, brought an interesting post on Spicy IP on SareGama's take down notice to my attention. The post talks about take down of one of its articles, and may be read at: https://spicyip.com/2019/02/saregama-pa-rdon-me-you-have-the-wrong-address-on-the-perils-and-pitfalls-of-notice-and-takedown.html. It is unfortunate that SareGama decided to include an article from Spicy IP, renowned for its well-researched articles and contributions to IP discourse, in its Take Down list. I am assuming that the inclusion of the link by SareGama was an inadvertent act of one of its Take Down service providers, who automate most of the process and approach taking down links to infringing...

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SAP Aktiengesellschaft & Anr (Plaintiff) Vs. Sadiq Pasha, Proprietor, M/s Neologik India

This post was first published on June 24, 2011. Brief Facts of the case: The plaintiff,  Sap Aktiengesellschaft (herein after referred to as ‘SAP’) is a company incorporated in Germany, and claims to be the global leader in developing application software products for real time business developing process. SAP developed different versions of an automatic accounting and transaction-processing program that featured standard software and real-time computing known as SAP R/3 in the year 1992. The defendant, Mr. Sadiq Pasha, is the proprietor of M/s. Neologik India and is stated to be engaged in the business of providing training services to its clients...

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Matrubhumi Printing and Publishing Ltd v. IPRS

This post was first published on June 21, 2011. FAO. No. 82 of 2009, Kerala High Court, decided by Justice M.N. Krishnan FACTS The Petitioner no 1, Matrubhumi Printing and Publishing Ltd who operates a licensed Radio Station “Club FM 94.3” in parts of Kerala has a license from the Phonographic Performance Limited (PPL) to broadcast sound recordings. Indian Performing Rights Society (IPRS), the defendant, a society of composers, lyricists etc which grants licenses with respect to musical and literary works threatened to initiate action against Matrubhumi as a license to broadcast was not sought from them. Thereby an interim injunction is...

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Sholay Media and Entertainment Pvt. Ltd. and Anr. v. Vodafone Essar Mobile Services Ltd. and Ors.

This post was first published on June 12, 2011. (Delhi High Court, 09.05.2011) FACTS: Plaintiff No. 1 i.e. Sholay Media and Entertainment Pvt. Ltd. acquired all rights in the film "Sholay" in the year 2000 and was exploiting these rights in various areas such as  ringtones, caller tunes etc.  Certain rights in the film were assigned to Polydor of India by an assignment deed of 1978. The rights assigned to Polydor of India were acquired by Defendant No. 3 i.e. M/s Universal Music India Pvt. Ltd. The Plaintiffs alleged that Vodafone Essar Mobile Services Ltd. and Vodafone Essar Ltd. (Defendants No. 1 &...

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Kindle eBooks and Amazon Marketplace – The Non-Compliance Continues

Amazon's Kindle eBooks need no introduction. Everyone is aware of them, and since the launch of the Kindle eBook store in India, Amazon claims that its publisher and customer base is growing fast. In 2018, Amazon also launched Audible, its audio book store in India. So far, I have used the term Amazon loosely to refer to several of its entities. For purposes of this post, two entities of Amazon are relevant. One, Amazon Asia Pacific Holdings Private Limited (Amazon APAC" (Registered in Singapore), and Two, Amazon Seller Services Private Limited "Amazon India" (Registered in India). Amazon APAC licenses and...

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The Wind from the West – Playwright Ananda Rao’s Padamati Gali

Padamati Gali

Note: This is not an IP post, and has only one reference to copyright protection. It comes; It changes; And it goes. It changes lives, lives of farmers, who provide food to the world. For many of us, the wind is nothing more than a phenomenon. But for farmers and their families, it is a life changing event. Seventy two years after independence, farmers in India continue to live uncertain lives. Their struggles are not much different from those before independence. The protests, the marches, the strikes, and the sacrifices prevail, and the fight is still on. Only the adversary has changed. This...

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Weekly Copyright News: Facebook to Share Chats with Police, Artist Sues Ariana Grande, ‘Fiji Water Girl’ Suit, and more

Facebook to Provide User Chat Details for Sensitive Cases to Delhi Police, MEITy Invites Counter Comments on Draft Intermediary Rules, Vegas Artist Sues Ariana Grande for Using Art in Music Video, Creators of Netflix’s ‘Wild Wild Country’ Sued for Copyright Infringement, ‘Fiji Water Girl’ Sues Fiji Water for Unauthorised Use of Images, Spotify in Talks to Acquire Gimlet, TikTok and Sony Collaborate to Promote Thriller ‘Escape Room’ Copyright Quote The Copyright Bargain is a balance between protection for the artist and rights for the consumer. Robin Gross Copyright Statistics There is an increase of 14% in the total number of copyright applications filed last week as compared to the previous week....

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Is GPL so Viral? – The New Phase of OSS License Enforcement and Compliance

The image is a screenshot of a mobile display. Click on image to view post.

This post was first published on 20th March, 2011. General Public License (GPL) is one of the most stringent open source licenses. Being a license created by Free Software Foundation, it may be termed as a strong copyleft license. One of the primary objectives of the license is to spread the philosophy of free software foundation to make source code available for copying, use, modification and distribution. Any derivative work of a software governed by GPL will also be governed by GPL and source code must be made available during distribution. Programs that are integrated with software governed by GPL are...

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Weekly Copyright News: No Unauthorised Use of TOI and ET Content, Gigi Hadid Sued, Vice Partners with Hulu, and more

Copyright Quote “The beauty of Copyright law is it protects you and it provides you the opportunity to honour others” Peter Smith Copyright Statistics There is an increase of 10% in the total number of copyright applications filed last week as compared to the previous week. A total of 386 applications were filed for copyright registration during the last week. The majority of applications were filed for literary works and artistic works. S. No Type of Work Number of Applications filed in the Previous Week (14th January, 2019 to 20th       January, 2019) Number of Applications filed in the Recent Week (21st January, 2019 to 27th       January, 2019) Change Percentage Change 1. Literary...

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