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Copyrights

BananaIP Counsels > Copyrights (Page 34)

Can I Use your Photo in my Blog? – Copyright V. Fair Use

The featured image shows the word copyright wrtitten in blue colour which is illuminated. The post is about the copyright vesting in sound recordings in pre 1972 music in California. To know more, please click here.

In a recent decision by the 11th Circuit Court in USA, Katz v. Chevaldina, the question of whether using a photograph to criticize a person's business activities amounted to copyright infringement was raised. The Court answered that it was not copyright infringement, but amounted to fair use as the use was for criticism and transformative. The Court also pointed out that the use lacked any commercial advantage to the blogger, and was strictly meant for criticism. Brief background is as follows: Raanan Katz is  the owner of several shopping centers in Miami. A blogger used his photograph to blog about him...

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Let’s Go Crazy – Is the Copyright Ruling Fair?

  Stephanie Lenz uploaded a video of her child dancing to Prince's tune - Let's Go Crazy, to YouTube. In the video, the child is seen making moves, while the song is played in the background. The video was uploaded in 2007 on YouTube. [embed]https://www.youtube.com/watch?v=N1KfJHFWlhQ[/embed] Universal Music, the owner of the sound recording, was not too happy with the use of the music in the video, which was getting great attention. UM sent a DMCA take down notice to YouTube, and YouTube took it down. Stephanie sent a notice to YouTube claiming that the use of the song in the video was fair...

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Did China Copy Disney’s famous track?

  The lack of snow for the  2022 Winter Olympics, is not the only reason why China is facing criticism. The recent controversy faced by the Chinese is with respect to the Official Song for the games, “The Snow and Ice Dance” which has raised some questions about its source. It has been noticed by keen listeners that the song sounds like a rip-off of  “Let It Go,” the popular ballad sung by Idina Menzel . “Let it Go” rose to prominence, as it was featured in Disney’s Oscar-winning animated film Frozen. This was Disney’s biggest animated film earning more than $1.3 Billion worldwide. With...

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Nike ‘JUMPMAN’ NOT a Copy

The image depicts the NIKE logo.

Whenever one talks about sport shoes the brand NIKE immediately comes to mind. It is one of the most popular brands and also has releases exclusive editions of shoes for different sports. One such edition is JUMPMAN. This edition was created in 1980s, after Hall of Fame basketball player Michael Jordan entered into a deal with NIKE for a special edition of shoes as well as apparels. Through decades the JUMPMAN logo has been recognized by the logo of Jordan’s image sailing towards the basket in a grand ballet inspired pose with a basketball in the left hand. With more than...

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John Doe Order for Masaan!

The Featured Image is of a film strip. The post is about a John Doe order obtained by Phantom films, to prevent any online piracy and copyright infringement of their film Masaan. To read the post click here.

The Bombay High Court passed a John Doe order favoring Phantom Films to prevent the piracy of the movie “Masaan”. Masaan is a movie produced by Anurag Kashyap and Vikramaditya Motwane under the Phantom Films banner. The order was not only issued against unknown persons, who are potential infringers but Sonali Cable Vision, SpectraNet (an ISP), Manish Realties, Macassar Productions, and Sikhya Entertainment were also named as defendants. This was a step taken towards curbing the nefarious act of piracy. Phatom Films filed a complaint after they came across websites hosting several links to download the said movie. These links lay dormant...

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IP Books : Self Publishing in India- A Worthwhile Proposition?

The featured image is a collage of Dr. Kalyan Kankanala's intellectual property books. The post talks about legal issues of self- publishing. To read the post click here.

Over the last five years, self publishing in India has spawned a new breed of authors, publishers,intermediaries, and agents. India is among the top ten content publishers of the world, and is one of the top three markets for english publications. During the last ten years, the emergence and growth of e-book and print on demand publication modes has made it easy and convenient to self publish, earn high royalty rates, and reach out to international markets. Today, more than twenty percent of Indian books on best seller lists of Amazon Kindle are said to be self published, and the...

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Pirate Bay Founders Acquitted

The featured image is of a hand holding the paper cut out of the pirate bay logo which is a pirate ship. The image is pertinent to the post as it is about the acquittal of the Pirate bay founders in a copyright infringement case in Belgium. To read the post click here.

Much like their previous logo of the mythological creature Hydra and their supposed slogan “if you cut off one head, many more will arise”, Pirate Bay never seems to go away or be out of the headlines! The founders of the infamous torrent site, Gottfrid Svartholm, Fredrik Neij, Peter Sunde and Carl Lundström finally caught a break. Recently a Belgian Court, at Mechelse found the quartet not guilty on charges of criminal copyright infringement and abuse of electronic communications. Founded in 2003 by the fiercely anti-copyright organization “The Piracy Bureau”, as the name suggests, Pirate Bay has been plagued by legal allegations...

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Case Review: Exegesis Infotech vs. Medimanage

The featured image is of the copyright symbol on a bomb. The image is pertinent to the post as it is about a copyright infringement case . To read the post click here.

Case title-Exegesis Infotech (India) Pvt. Ltd. & Anr v. Medimanage Insurance Broking Pvt. Ltd. Citation- Notice of Motion No. 1290 of 2014 in Suit No.784 of 2014,Order Pronounced on 15th July, 2015 Facts The Plaintiff in this case, Exegesis, had been commissioned by the Defendant, Medimanage, to develop a customized software, for the purpose of their insurance broking business. It was Exegesis’s claim that it had complete authorship over the software code of the aforementioned software, which Medimange had also obtained on the pretext of testing. Medimanage was now trying to use and deal in such source code without the express permission from Exegesis....

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Jyoti Kapoor Wins Copyright Battle against Kunal Kohli

The Featured Image is of a film strip. The post is about a John Doe order obtained by Phantom films, to prevent any online piracy and copyright infringement of their film Masaan. To read the post click here.

After an eight month long tedious copyright battle Jyoti Kapoor can breathe a sigh of relief. The Supreme Court in its momentous decision stated that there existed similarities between Jyoti Kapoor’s script of “R.S.V.P.” and Kunal Kohli forthcoming film “Phir Se.” The Court also ordered Kohli to pay compensation of Rs. 25 lakh and give her due credit for the idea of the story. Jyoti Kapoor’s win against Kohli can be taken as a step in the right direction, which may encourage other script writers to pursue legal action against big production houses. The plight of these script writers is not something that is...

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Thou shall not re-tweet!

The image has the logo of microblogging website Twitter. The post is about a beverage company being sued by a photographer for allegedly using his copyrighted work for a social media ad campaign. The photographer is also suing others for copyright infringement who have re-tweeted or shared his photograph. Click on image to view the post.

  Dennis Flaherty, an American photographer is suing the beverage manufacturer Big Red Inc. for using his copyrighted photograph of Fort Alamo at night, in a social media marketing campaign. Well, this doesn’t seem out place, right? Companies making unauthorized use of a copyrighted work should be held responsible, and in many cases they are. But what if I were to say that Mr. Flaherty is not just suing Big Red, its employees and affiliates but also every other person who shared and/or re-tweeted the photograph? So, before we get into the details of this complaint, which may also seem a bit...

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