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Copyrights

BananaIP Counsels > Copyrights (Page 3)

WAIVING MORAL RIGHTS CAN BE MORAL

First Publication Date: 13th January 2010 Professor Anil's post inspired me to research into alienability and waivability of moral rights under national laws. I noted that national laws of civil law countries such as France, Spain, Italy and Germany expressly restrict transfer and waiver of moral rights and national laws of common law countries such as UK and Canada permit their transfer and Waiver. If we look at the international instruments such as Berne Convention for the Protection of Literary and Artistic Works which under Article 6Bis also recognizes the moral rights of an author but is silent on the right...

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VALUE OF INTELLECTUAL PROPERTY FOR MUSIC BANDS

This image depicts a cluster of words related to intellectual property. This image is relevant because this post talks about outsourcing and insourcing of intellectual property. Click on the image to view full post.

First Publication Date: 6th January 2010 The potential Intellectual property usually goes unnoticed by the Band itself and the impact of the same is generally realized only when the same is infringed. Hence, the protection of various intellectual properties becomes quintessential for the development and revenue generation of the Band. Some of the basic types of Intellectual Property that must be protected by a band that will be dealt in this post include: A. Trade Marks; and B. Copyrights. A. Trade Marks The first intellectual property of a Band is born with naming the Band. The name of a band is very important because people will...

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Weekly Copyright News: 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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Credits to “Three Idiots”

The image depicts the a tag with Copyright written on it

First Publication Date: 2nd January 2010 The recent controversy regarding giving credit to Mr. Chetan Bhagat has brought forth the issue of attribution of authors in case of adaptation of a literary work. An author of a work gets two kinds of rights under the copyright law. They are,a. exclusive rights to reproduce, adapt, distribute, make derivative works and so on, which are also called as economic rights; and b. right to paternity (attribution as author) and integrity of the work, which are also called as moral rights. I am assuming from the news reports that appropriate copyright license has been taken by...

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CABINET’S CHRISTMAS GIFT TO CINEMATOGRAPHIC INDUSTRY

The image depicts the a tag with Copyright written on it

First Publication Date: 25th December 2009 The awaited Copyright bill is finally approved by the Cabinet on December 24th and the same will be presented before the parliament during the upcoming budget session in February 2010. The bill is long awaited by the Cinematographic industry as one of the key amendments proposed in the bill is to extend the copyright protection to both director as well as producer as joint authors, earlier the copyright was vested only in the directors of a Cinematographic work. Also the term of protection is suggested to be extending upto 70 years. The cause for the same...

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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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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

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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