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Copyrights

BananaIP Counsels > Copyrights (Page 32)

Harmonious Construction Can Ignore the Term Clause of an Agreement: Delhi HC

The image has Shemaroo's logo. The post is about their case in the Delhi High Court. Click on image to view post.

The plaintiff Shemaroo Entertainment Ltd. has filed this petition in the Delhi High court against Amit Sharma & others. The case has been decided on 16th May 2012. Shemaroo Entertainment Ltd. contended that it held copyrights over the song “Thodi si jo pee le hai” from the movie “Namak Halal” and prayed towards restraining the Defendants from using the “Thodi si jo pee le hai” in their film “Department”; from releasing or distributing the film without deleting the portion of the song and also from exploiting the audio rights of the film “Department” containing the above portion, by way of...

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Indian Performing Rights Society v. Eastern Indian Motion Pictures Ltd.

Citation AIR1977 SC1443, (1977)2 SCC820, [1977]3 SCR206 Facts: This is a dispute that broke out in a matter involving rights over Indian literary and music works for which the copyright subsides in India. Parties to the dispute where the Indian performing right society and the cinematograph exhibitors association of India. IPRS incorporated on 23/08/1969 in the state of Maharashtra governed by copyright Act 1957 has the authority for issuing licenses for performance in public of all existing future Indian literary and musical works for which the copyright subsides in India and is a company limited by guarantee for the purpose of granting license...

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The Impact of Parallel Import of Copyright on Publishers in India in Light of Copyright Amendment Bill, 2010

Parallel Imports occurs when authentic products are imported cheaply, without the consent of the producer who has a Trade mark, Copyright, Patent or other intellectual property right in these products, with the aim to compete with the producer’s own products, which he himself had originally marketed abroad at a lower price. This amendment aims to foster enhanced competition amongst distributors and thereby enable Indian consumers and students to access a wider range of books at lower prices in a timely manner. Thus while parallel importers (local resellers) are sourcing legitimate genuine product from overseas, they are bypassing the authorized supply...

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Idea Expression Dichotomy

The image depicts a quill dipped in ink bottle. The post is about expression of ideas. Click on image to view post.

We all love reading. Fiction, Non- fiction, Self Help, Post Modern Literature,  Verse, and Limericks -our tastes vary. It’s a point to be noted that the authors of the books we love reading so much write exercising the faculties of their brains, ideas stemming from their brains and then expressing it in words, putting it in paper. Therefore, it’s very important that the authors have full right over their creation. But, many ideas arise from something that is already present and in the case of literary works what needs to be checked in, if the expression of the idea is...

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OSS License Compliance – Source Code Not Enough

Open Source Software adoption has taken a large stride in 2010. and so did enforcement of OSS licenses. Software Freedom Law Center has been taking the lead by filing suits against GPL violations. Despite the increasing number of OSS suits, none has till date gone the full distance. The cases are generally settled through compliance, withdrawal and/or payment of compensation.The recent withdrawal of an Open Source Software after alleged violation of GNU General Public License (GPL) by Apple elucidates that making source code available is not sufficient for OSS License compliance. The VLC application for IOS (IPhone Operating System) has...

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Circumventing Around Anti-Circumvention Law

This post was first published on May 6, 2010. Copyright law protects works of authorship by granting a bundle of rights. The rights of an author with respect to a work extend to the expression of the work in any manner including in digital or electronic form. Though works in digital form provide great advantages to the copyright owner by reducing the cost and effort of reproduction and distribution, safeguarding unauthorized copying and transfer of the work is very challenging. In order to avoid use of works by a third party without permission, most copyright owners use technological measures such as encryption,...

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