10 November 2016

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Indian Performing Right Society v. Aditya Pandey & Ors.

in Copyrights, Intellectual Property, Media and Entertainment Law

The featured image shows the word copyright written over a grey background. The post summarises the case The Indian SingersRights Association v. Chapter 25 Bar and Restaurant. To know more, please click here.

Facts IPRS (Indian Performing Right Society) has its grievance against the broadcasters of Private FM Radio Channels and Event Organizers for paying royalties to only the owners in copyright of the sound recording but not to the authors of the lyrical or musical scores. The Single bench of the Delhi High Court Justice S.Ravindra Bhat ruled in favor of the radio broadcasting channels and IPRS then appealed to the Supreme Court, which delivered its judgement in September. Question of Law The question of law that arises at this point is whether it is enough to obtain permission from the copyright owner of the derivative work...

27 October 2016

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Dish Tv India faces Copyright infringement suit

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

The featured image shows the word copyright written in blue colour on a white background. The post is about latest entertainment and copyright news. To know more, please click here.

Hello Readers!! There has been a lot that has been brewing over the past few weeks with respect to Trademarks. We have decided to recapitulate the trademark news which have recently hit the headlines in our segment, Weekly Trends. Let us take a quick look at what happened in the past weeks, with this weekly update. Dish Tv India restrained from operating in Middle East and North Africa As you may or may not know Dish TV India Ltd.was caught in a copyright infringement suit involving one U.A.E. based company Gulf DTH FZ LLC (OSN) with respect to its Direct-To-Home (DTH) services....

21 October 2016

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Entertainment and Copyright news

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

In today’s edition of Weekly Trends, we bring to you copyright law related news. Let us see the trending headlines for the past couple of weeks. Section 31D of the Copyright Act, 1957 (as amended) to include internet broadcasting organizations Section 31D of the Copyright Act, 1957 titled “Statutory license for broadcasting of literary and musical works and sound recording” was inserted vide the 2012 Copyright Amendment Act. The Section mainly lays down certain mandatory compliances for the broadcasting organizations desirous of communicating to the public by way of broadcast or by way of performance of a literary or musical work and...

17 October 2016

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The Indian Singers Rights Association v. Chapter 25 Bar and Restaurant

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

The Indian Singers Rights Association v. Chapter 25 Bar and Restaurant Citation:CS (OS) 2068/2015 & IA No. 14261/2015 Facts The Defendant in this case, Chapter 25 Bar and Restaurant during the month of April 2015 had been illegally communicating to the public numerous songs containing performances of various member singers of the Plaintiff copyright society, Indian Singers Rights Association (ISRA), without obtaining appropriate clearance from ISRA and paying the requisite royalty fee. ISRA had issued a legal notice against the Defendant to obtain a Performer’s Right Clearance Certificate, but no response was received in this respect, hence the present suit. Question of Law Did the...

22 September 2016

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GS Media Judgement on hyperlinking

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

The CJEU recently delivered a judgement we all had been waiting for, GS Media v Sanoma Media Netherlands and Others (C-160/15). Just to jog your memory here are the facts of the case: The publisher of Playboy Sanoma had commissioned a photo shoot of the model/TV presenter Britt Dekker. The unpublished photos from the photo shoot were made available by GS Media on its website GeenStijl, without any authorization from the copyright holder. Sanoma filed a copyright infringement suit against GS Media and the matter went from the Dutch Supreme Court to CJEU. The key question to be answered by the...

17 September 2016

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The Delhi High Court Delivers Judgement in a Copyright Infringement Suit

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

The featured image shows a book kept on a photocopying machine. The post is about the recent judgement delivered by the Delhi High Court in the Rameshwari Photocopying case. To know more, please click here.

The much awaited decision of the Delhi High Court in The Chancellor, Masters & Scholars Of The University Of Oxford & Ors.versus Rameshwari Photocopy Services & Anr has been delivered yesterday. Case Citation The Chancellor, Masters & Scholars Of The University Of Oxford & Ors. v. Rameshwari Photocopy Services & Anr. CS(OS) No.2439/2012 Date of decision: 16th September, 2016. Deductions Some quick deductions from a first reading of the decision are provided hereunder for the reader's reference. In this case, the Delhi High Court dealt with Section 52(1)(i) which constitutes: The reproduction of any work - i) by a teacher or a pupil in the course of...

26 August 2016

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Demi Lovato cannot “Let it go’’

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

The featured image shows Demi Lovato performing on a stage . The post is about the latest allegations of copyright infringement against Demi Lovato for her song 'Stars'. To know more , please click here.

Demi Lovato, an acclaimed singer is currently facing allegations of copyright infringement for her song ‘Stars’. Sleigh Bells has sued Demi Lovato in a California Federal Court, alleging that there exists striking similarities between Demi Lovato’s ‘stars’ and their band’s ‘Infinity Guitars’. ‘Infinity Guitars’ is one of the most popular and recognizable tracks of the band ‘Sleigh Bells’. Demi Lovato’s song, ‘Stars’ was released last year as a bonus track in her album ‘Confident’. The song ‘Infinity Guitars’ was released in 2010 and was one of the massive hit songs during that time. However, the band claims that the song ‘Stars’...

22 August 2016

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DNC may face Disney’s infringement lawsuit

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

We all know Donald Trump is a presidential hopeful, has been a savvy business man and somehow always manages to make or stay in the news. This time however it is not his doing. The Democratic National Committee (DNC) has come up with a mascot which bears a striking resemblance to a famous Disney duck, but with the slight variation of Trump's blond mop of hair. The mascot is called “Donald Ducks” and will be used by the committee to jeer at the presidential candidate regarding his undisclosed tax returns. The mascot will follow Trump to all his campaigns and...

12 August 2016

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Ed Sheeran sued for ‘Thinking out loud’

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing

The featured image shows the image of singer Ed Sheeran . The post is about the recent copyright allegation against Ed Sheeran. To know more, please click here.

Singer and song writer Ed Sheeran is currently facing a copyright lawsuit with reference to his music ‘Thinking out loud’. The heirs of of singer, songwriter and producer Ed Townsend, who co-wrote Marvin Gaye's 1973 soul staple "Let's Get It On'',filed a suit against Ed Sheeran on Tuesday in the Federal court in the Southern District of New York. Ed Townsend and Marvin Gaye co-wrote the song. Townsend's heirs are now suing Sheeran and they are claiming that Ed Sheeran has lifted key parts of the classic song and used them in 'Thinking out loud'. The song in dispute is ‘Thinking...

08 August 2016

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Mohenjo Daro triumphs infringement battle

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

The featured image shows a picture of the actor Hrithik Roshan. The post is about the recent copyright infringement action initiated against the film 'Mohenjo Daro'. To know more, please click here.

Another film met the fate of being brought before the court in the 11th hour for plagiarism. The film Mohenjo Daro, directed by Ashutosh Gowarikar is scheduled for release on 12th August 2016. The movie was brought before the Bombay High Court with a claim that it was a product of plagiarism. But the film triumphed its first ever legal battle. The Plaintiff, Mr. Akshayaditya Harishchandra Lama ("Lama") claimed that the 1st Defendant, Mr. Ashutosh Gowarikar directed film Mohenjo Daro infringed his copyright in the work titled “Mohenjo Daro (The Story)” and the Plaintiff's copyright in the title Mohenjo Daro. According to...

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