+91-80-26860424 / 34

Call Us Today




BananaIP Counsels > Copyrights (Page 34)

Disney Sues Venezuelan Company

  Disney has always been extremely protective of its intellectual property. The company has been aggressively pursuing infringers who have tried to use its IP assets without authorization. The number of suit against these infringers has increased in the recent times, with the expansion of its IP portfolio due to its acquisition of Marvel Entertainment. There have been several instances of infringement concerning Disney films, such as 'Frozen', 'Star Wars' and the Marvel movies, which it pursued aggressively. Last week, Disney brought a lawsuit against a Venezuelan company for producing a live show with copied and bootlegged Disney characters. The said company was...

Continue reading

Intellectual Property and Licensing- A presentation by Dr. Kalyan C. Kankanala at IIM-B

This presentation was delivered by Dr. Kalyan C. Kankanala to PGP-Enterprise Management students at IIM-Bangalore, as a part of their Business Law curriculum. The presentation entitles Intellectual property and Licensing covered the following topics- Idea- What is an idea, example, whether all ideas can be protected. Patent- What is a patent, term of a patent. Protection Strategy Spectrum Licensing Copyright- What is copyright, idea/ expression dichotomy, term of copyright. Protection with respect to copyright Licensing (copyright) Trademarks- What is a trademark, term of a trademark Protection Ladder Licensing (Trademarks) Information Trade secrets Licensing (Trade Secrets) Look and Feel Industrial Designs ...

Continue reading

Access to Copyrighted Works for Persons with Disability- Conference at NLSIU

The Marrakesh Treaty, which focuses on the rights of the blind, visually impaired or print disabled persons, with respect to access to copyrighted works was signed on June 27th, 2013. The underlying objective of the Treaty has been to incorporate certain exceptions to the national laws of countries, in order to provide works in accessible format for persons with print disability. India became the first country to ratify the Treaty and displayed its allegiance to the cause. Bearing in mind the gravity of the Treaty and its possible implications, the MHRD Chair on Intellectual Property Rights & Centre for Intellectual...

Continue reading

Exceptions for Access to the Blind

  Provisions for facilitating access of copyrighted works to the disabled, including blind persons, were introduced in the Indian Copyright Act, 1957 in 2012. Limitations and Exceptions in the Indian Copyright Law can be categorized into two types: Fair Dealing exception for the disabled; and Compulsory License for making works accessible to the disabled. Fair Dealing ((Section 52(zb)) The use of a work for making it accessible to a disabled person is considered as fair dealing under the Indian Copyright Law. This exception is of two types: Exception for Personal Use, Education and Research; and Exception for Non-Profit Use Permitted Rights The following rights may...

Continue reading

Copyright Exceptions for Access to the Blind – Marrakesh Treaty

After several years of continuous effort, the MARRAKESH TREATY TO FACILITATE ACCESS TO PUBLISHED WORKS FOR PERSONS WHO ARE BLIND, VISUALLY IMPAIRED, OR OTHERWISE PRINT DISABLED was adopted in 2013. So far, 9 countries, including India, have ratified the Treaty,  while 2 have acceded to it. The Treaty will come into force when 20 countries ratify it. Background A WHO report estimates that there are more than 285 million blind or visually disabled people in this world. It is estimated that around ninety percent of them live in developing and least developed countries. Out of total books published, one study reports that...

Continue reading

Doctrine of Merger and Copyright Law

The fundamental rule of Copyright law is that facts and ideas are not copyrightable, it is only the creative expression of such ideas and facts that is rewarded by law, by conferring a privilege to exclusively exploit such expression for a limited time. However, not all expression are accorded protection under the Copyright Law. The law affords protection to expressions that are fixed in a medium and are ―original. Section 13 of the Copyright Act provides that ―original, literary, artistic, dramatic and musical works are subject matter of copyright. However, in situations where the idea and expression are inseparable or merged,...

Continue reading

Statutory License for Cover Versions under the Copyright (Amendment) Act

In our post last week, we looked at statutory licensing for broadcast organizations specified under Section 31D of the Indian Copyright Act. As mentioned earlier, the objective of non-voluntary licensing is to overcome the difficulty of locating the original owner of the copyrighted work in order to obtain a license and to avoid the creation of monopoly of copyright owners. The Copyright Act similarly contains provisions for statutory licensing for cover versions under Section 31C. While Section 31D which talks about statutory licensing for broadcast organizations was a new insertion into the Copyright Act, Section 31C is not completely a new...

Continue reading

The Diary of Anne Frank or Otto Frank?

  “I wish to go on living even after my death” -Anne Frank, The Diary of a Young Girl This was just one of the famous lines that Anne Frank wrote in her diary - ‘Kitty’, which it was fondly referred to as by Anne when she penned her thoughts into it. Anne Frank, The Diary of a Young Girl or more famously known as the Diary of Anne Frank was a journal or a diary of a young Jewish girl who, along with her family, had managed to hide from the Nazis during their occupation of the Netherlands during World War II,...

Continue reading

Thou can copy, oh Google. Tis legal!

The featured image shows the logo of google. To read more on the google versus oracle dispute click here.

The latest IP related news pertains to Google's digital copying of entire books as part of its Google Books service from Google Inc. The US Court of Appeals for the 2nd Circuit recently confirmed the decision of the District Court that the scanning activities of Google within its Library Project are to be considered a fair use of copyright works. The Plaintiff-Appellants, who are the authors of published books under copyright, appealed from the judgment of the United States District Court for the Southern District of New York (Chin, J.) which had ruled in favour of Defendant Google, Inc. The Plaintiffs...

Continue reading
Speak with an IP Expert Today
close slider