06 June 2016

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ABS Entertainment, Inc. v. CBS Corporation, et al.

This article relates to an interesting summary judgment passed by the District Court of California in a suit brought for copyright infringement. The Plaintiffs, ABS Entertainment Inc., Barnaby Records, Inc., Brunswick Record Corporation, and Malaco Inc. (collectively addressed as “Plaintiffs”) brought a copyright infringement suit against CBS Corporation and CBS Radio Inc. (collectively addressed as “CBS” or “Defendants”) for publicly performing, through radio broadcasts or digital internet streams, the Plaintiffs’ pre-1972 sound recordings. It is necessary to state the history of copyright protection for sound recordings in the US to understand the decision in the instant case. Sound recordings became eligible...

02 June 2016

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Disney and Dalian Engage in Comic Wars

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Trademarks

The featured image shows mickey and minnie mouse standing together with the

A conflict for the protection of intellectual property right arose recently in China when a Chinese based Infrastructure Company, Wanda Company diversified its business and entered in to a theme based park. It is interesting to note how the conflict arose in this case. The facts are as follows: on the inauguration of the theme park of Wanda Group on 28th May 2016, few people who were alleged to be workers of the park, were seen clad in Captain America, Snow White and Star Wars Storm troopers costume, the copyright of which are currently held by Disney. Apart from the...

31 May 2016

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Google’s use of Java APIs in Android – fair use?

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Open Source

The District Court of the Northern District of California held last week that Google's use of 37 Java APIs of Oracle does not give rise to copyright infringement liability because it is fair use. On remand from the Federal Circuit, in a Jury trial, Google's use of Java APIs and around eleven thousand lines of code was held to be fair use as it is meant to promote inter-operability and compatibility between programs. You may read our earlier post for a short history of this case here. On receiving news of the victory, Google stated that the judgment supports the...

25 May 2016

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Is use of Java APIs by Google Fair Use?

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Open Source

In 2010, Oracle sued Google for copying 37 Java packages, 8 specialized Java security packages, and a routine called “rangeCheck" in its Android operating system. Oracle claimed in the suit that Google is liable for infringing two of its patents in the software and that Google is also liable for copyright infringement for literally copying the code. The suit was filed in a California District Court. Oracle claimed damages to the tune of nine billion dollars in the suit. After a jury trial, the District Court held that Google was not liable for infringing Oracle's patents. However, on the copyright count, the...

23 May 2016

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National IPR Policy – Copyright Related Objectives

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

The featured image shows the first page of the National IPR Policy document. To read more about the National IPR Policy, click here

On the 13th May 2016, the much anticipated National IPR Policy was released which aims to lay down a system of growth for intellectual property rights (IPRs) in India by ensuring the protection of new innovations ,research and development while establishing a stable framework in the country for the domestic and foreign investors alike. Though the salient features of the IPR Policy have been explained in detail in our previous post, the core objectives of the Policy are highlighted below for the easy reference of the readers: To create public awareness about the economic, social and cultural benefits of IPRs among...

16 May 2016

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Complaint against Crowdfunded Star Trek Film Prevails

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

The featured imnage is of Leonard Nimoy and William Shatner as Mr. Spock and Captain Kirk from the television program Star Trek. The post is about a copyright issue with Star Trek. To read more click here.

By virtue of being the owner of a movie,the producer (or his licensee) as a sole proprietor or the right holders have exclusive rights to use the trademarks, copyright and any Intellectual Property contained in a motion picture, in any manner whatsoever, including the right to reproduce, make derivative works, distribute, perform or right to publicly display the work. These intellectual Properties in a movie includes, but is not limited to names, photographs, the specific characters, likeness, titles, artworks/images/stills/posters, dialogues etc. Therefore, any use of right holder’s intellectual property, in any manner whatsoever, requires prior permission and consent from the...

09 May 2016

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UMG Recordings, Inc. v. Global Eagle Entertainment Inc.

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

The image is of in flight entertainment where Global Eagle Entertainment was sued for copyright infringement. To read more click here.

IP Kat recently reported a summary judgement granted in a copyright infringement case involving various record companies and music publishers and an in flight entertainment provider. A motion for summary judgment was brought by various record companies and music publishers which included UMG Recordings, Inc. (“UMG”), Capitol Records, LLC (“EMI”) and Universal Music Publishing Group (“UMPG”) alleging copyright infringement of sound recording, copyright infringement of musical compositions, amongst other assertions against the defendant In-flight Productions (IFP) and parent company Global Eagle Entertainment, Inc, a worldwide provider of in-flight entertainment from movies to songs. Plaintiffs, the exclusive copyright owners of works including...

06 May 2016

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IP for Start-ups : A Presentation by Dr. Kalyan C. Kankanala at CII Hyderabad

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP for Start Ups, Patents, Trademarks

The following presentation was delivered by Dr. Kalyan C. Kankanala at the one day Seminar on ‘IPR Management for Startups in Electronics and ICT Sectors’ on 6th May 2016, in Hyderabad, organized by Andhra Pradesh Technology Development & Promotion Centre (APTDC) of Confederation of Indian Industry (CII) in association with Department of Electronics and IT (DeitY). Participants of the seminar included Budding Entrepreneurs, Managers/Executives in Startups and Professionals in various functional areas of Startups such as Research & Development, Marketing, Brand Management, Business Development, Directors, Design, Legal and IP departments who seek to integrate IP strategy into the Business Management...

02 May 2016

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I got (NO) power-IPRS restrained from issuing licenses by Delhi HC

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

The image says NON (non in french) written on a hand painted red. The article is about IPRS non longer being a copyright society. To read more click here.

Not too long ago, the Delhi High Court meted out a very important decision with respect to the status of IPRS as a copyright society. The suit was filed by Mrs Chitra Jagjit Singh (Plaintiff), wife of the late artist Mr Jagjit Singh and a popular artist herself, against IPRS (Defendant 1) for wrongfully issuing licenses with respect to her and her late husband’s copyrighted works. It was pleaded by the Plaintiff that IPRS was no longer a copyright society, for which it presented a letter addressed to the Govt. of India by IPRS denying its copyright society status, within the...

30 March 2016

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Copyright Pirates! BREIN is coming for you!

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

The featured image shows the cartoon of a Pirate. This post is about the Pirate bay company being sued for copyright infringement. To read more click here.

Well we’re all aware how heinous a crime piracy is and how every year the entertainment industry suffers a loss of millions of dollars due to it. For more than a decade anti-piracy organizations have been targeting pirate websites to curb instances of piracy. One such organization is BREIN (Bescherming Rechten Entertainment Industrie Nederland, which roughly translates to association for the Protection of the Rights of the Entertainment Industry of the Netherlands), a Dutch organization which has been an active member of this crusade against piracy. BREIN, known to be the force behind the discontinuation of websites like ShareConnector, is now...

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