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BananaIP Counsels > Copyrights (Page 41)

Assignment & Royalty – Part II: Notes on Copyright Amendment, 2012

The image has a huge copyright sign at the center of it. The post is about copyright assignment. Click on image to view post.

One of the primary purposes of the Copyright Amendment in 2012 was to ensure that authors get their well deserved consideration. The focus was primarily on authors, who create works for feature films. Other authors, unfortunately, received little or no attention. After making sure that producers do not take away ownership rights by signing ‘work for hire’ engagements, the amendment made changes to provisions with respect to assignment in Section 18.

The first provision in Section 18, the subject of this post, reads as follows:

“18. Assignment of copyright. (1) The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof: Provided that in the case of the assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence.

Provided further that no such assignment shall be applied to any medium or mode of exploitation of the work which did not exist or was not in commercial use at the time when the assignment was made, unless the assignment specifically referred to such medium or mode of exploitation of the work:

Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part II

This Image depicts the clip art of 'This is the best idea i've heard all decade. This Image is relevant as the article deals with the Protecting Ideas in Entertainment Industry. Click on this Image for more Information.

This post was first published on June 25th, 2014.

 

We reviewed the existing scenario in the entertainment industry with respect to the protection of ideas, in my previous post – how to protect ideas. Before we move on to discuss the tool that can be used to protect original ideas/concepts that are not expressed in a tangible form, let us take a look at the practices followed in the entertainment industry by both the generator and the receiver of ideas. Writers submitting concepts and scripts to producers, or setting up meetings with them, with hope of monetary benefits and production of their ideas/concepts, is a general practice in the entertainment industry. The burden is on the supplier of an idea (writer/author) to take necessary measures in order to claim legal rights over his original idea. A man who reveals his idea without having first made a bargain has no one to blame but himself for the loss of his bargaining power.

The law expects an express agreement to be formed before there could be any liability. Hence, the first thing the idea giver should do is to enter into a contract, binding himself and the receiving party. Having a contract protects both the writer and the party to which the idea/concept is disclosed. The contract which we are referring to here is the Non-Disclosure Agreement (NDA).

‘Fair Use’ – Professors versus Publishers

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  This post was first published on   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...

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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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