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Copyrights

BananaIP Counsels > Copyrights (Page 34)

Batmobile – Supercar or Character?

This image depicts Batman standing on the batmobile.

In a copyright infringement suit between the DC comics (Plaintiff) vs. Mark Towle (Defendant) the United States Court of Appeals for the Ninth Circuit is to decide whether the Batmobile is protectable under copyright laws. Batmobile is a renowned vehicle that the caped crusader a.k.a. Batman uses for fighting crime in the city of Gotham. Known for its aesthetics, aerodynamics, and features such as jet engine afterburner, torpedoes/missile launchers, automatic tire inflator and many more, the Batmobile made its first appearance in 1939 in a comic series called detective comics and was later portrayed in film serials, TV series and...

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Salient Features of the Copyright Amendment Bill 2012 and its Impact on Entertainment Industry

This Image depicts a still by Akshay Kumar and Trisha from the Movie 'Khatta Meetha'. This Image is relevant as the article deals with the Copyright Amendment Act,2012 and its impact on Entertainment Industry. Click on this Image for more Information.

As we have previously reported, both the Houses of the Parliament passed the Copyright Amendment Bill 2012 in quick succession with overwhelming support from the opposition. The Bill is now awaiting the President’s assent and a gazette notification to become a law. The Bill has undergone many changes based on the recommendations of the Standing Committee and offers a scheme of provisions different from its previous version (the Bill 2010) in many respects. Here is an attempt to analyse the new Copyright Amendment Bill 2012 with its possible impact on the entertainment industry. For the purposes of discussion, let us consider...

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‘Fair Use’ – Professors versus Publishers

The image displays Fair Use with the aid of clip art.

In a recent judgment, A U.S. Court ruled in favor of Georgia State University’s professors’ using excerpts of published works for the purpose of education. The case, primarily rules in favor of the professors and the university on the issue of Copyright Infringement. The case involved Georgia State University on the defending side and three major publishing companies namely, Cambridge University Press, Oxford University Press and SAGE publications as the plaintiffs who had collectively filed around 74 copyright infringement claims against the University. The respected Judge through a 350-page order dealt with each claim individually going into absolute details and applied the...

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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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