+91-80-26860424 / 34

Call Us Today

LinkedIn

 

Copyrights

BananaIP Counsels > Copyrights (Page 41)

Models Sue for “use of persona”

  Five US models sued FashionGlama.com and two individuals for the use of their photographs (use of persona) for escort services, and on pornographic websites. These models had allegedly signed 6-month contracts for modelling services, and were shocked to find their photographs on unwelcome websites. The suit alleges fraud, misrepresentation, unauthorized use of photographs (use of persona), breach of reputation, and intentional infliction of emotional distress.   Though rarely pursued, such issues are very common in the Indian context as well. More often than not, we see photographs and persona of models being posted on obscene websites, and used to endorse unwelcome products. While...

Continue reading

Role of Intellectual Property in Promoting Creativity

This image depicts the title creativity. This image is relevant because this post talks about the real role played by IP protection in creativity. Click on the image to view full post.

Does the Intellectual Property Regime play a role in promoting creativity? As stated by most governments, the objective of patent, copyright, design and other laws is to promote the progress of inventive activity and creativity. Are these laws actually achieving their stated objective? While most of us would like to believe that they are, no empirical study has been able to conclusively prove so far that IP laws actually promote creativity. The logical question that follows would be whether we actually need an IP Regime? The answer is not easy because no study has been able to conclusively prove the...

Continue reading

Activision’s “Copyright strikes” spark outburst in Call of Duty gamers!

In a wide array of videos popular on YouTube, gameplay videos have quite a fan following. These videos involve gamers playing some of the most popular games, for viewers to watch. While copyrights over such games are reserved with the developers, they often face allegations of copyright infringement. YouTube, in its attempts to discourage such infringing videos, has introduced “copyright strikes” whereby the account flagged by the content owner for alleged infringement receives a copyright strike from YouTube restricting the account holder’s access to certain features, such as live streaming, uploading videos longer than 15 minutes, YouTube video editor etc....

Continue reading

Happy Birthday sue You; Happy Birthday sue You!

This image depicts children singing the happy birthday song. This image is relevant becasue this post talks about the copyright over the tune of the song "Happy birthday to you". Click on the image to view full post.

There’s no one who hasn’t awkwardly stood around their birthday cake while people sing "Happy Birthday to You". It’s the world’s most famous song, sung to millions each year. And this six-word set of lyrics with a simple melody is protected by copyright. In 1868, two Hill sisters from Kentucky composed a song called "Good Morning to All" (now known as the tune of "Happy Birthday"), which went like: Good morning to you, Good morning to you, Good morning, dear children, Good morning to all. Nobody knows when or how the song transitioned to the lyrics of "Happy Birthday to You".[i]  It appeared in The Beginners'...

Continue reading

OCR: Credibility of India’s Intellectual Property Enforcement in Question

This image depicts the logo of the Executive Office of the President of the United States. This image is relevant because in this post, the U.S. talks about the credibility of India's Intellectual Property Enforcement. Click on the image to view full post.

United States Trade Representative (USTR) ordered an Out of Cycle Review (OCR) for India in October. While the USTR insists that the aim of this exercise is to provide constructive feedback to India in order to improve its IP protection and enforcement, many in India are not happy about this move. Not only has the government criticized this move, but also refused to participate in it arguing that the US laws are not applicable to India. Nirmala Sitharaman, India’s Commerce Minister, had informed the Parliament, “The Special 301 process is a unilateral measure taken by the United States under their...

Continue reading

Can you sue if your tweet gets copied?

  Here is the next post in the series of Student Blog Contest.  The Internet is often considered the Wild West of laws; People believe that laws that exist offline do not apply online, or there exist different rules of behaviour. So when you tap out a tweet and hit send, putting it in public domain, can you sue if it gets copied? Short answer: No. Long answer? It’s complicated. Copyrighting a tweet is extremely hard, for various reasons. Reporting on facts, common situations, or communicating, are not copyrightable, even when done in an original manner. Grabbing titles from newspapers, or even making one up,...

Continue reading

Digital Rights Management : An Analysis

  Laws alone cannot eliminate copyright infringements. For copyright law to take its course, there have to be effective detection of infringements and identification of infringers. Furthermore, as with any property rights, owners of copyrighted content have to take certain measures to protect their copyrights before expecting law enforcement to aid them. Digital Rights Managements and ETMs are such measures a copyright owner is expected to take in order to protect his copyrights in the digital world. The term Digital Rights Management (DRM) broadly refers to a set of policies, techniques and tools that guide proper use of digital content. Simply...

Continue reading

“Blurred Lines” for American Music Industry after Copyright Controversy

Music Copyright

On March 10, 2015, a panel of eight jurors of a California Federal Court found the artists Robin Thicke and Pharrell Williams guilty of copyright infringement in a plagiarism suit filed by the heirs of artist Marvin Gaye, alleging that the 2013 hit “Blurred Lines” by Thicke and Williams was a rip off of Gaye’s 1977 song “Got To Give It Up”. ‘Blurred Lines’, written and performed by Robin Thicke, T I and Pharrell Williams, was released on March 26, 2013 and became an immense hit worldwide, becoming one of the best selling singles of all times. However, it soon became...

Continue reading

Electronic Frontier Foundation to preserve Software

22) The picture has a large copyright symbol at the center of it. The post is about the copyright holders suing Internet Service Providers for vicarious copyright infringement. Click on the image to read post.

  Since the dawn of internet, the technological development has been exponential, leading to digitisation of almost all possible activities as from tablets and phones to watches, glasses, TVs and even refrigerators become “smarter”. The laws such as Digital Millennium Copyright Act (DMCA), enacted to focus on the rise of digital era, are unable to completely match the pace of this development. Recently, the US Copyright Office initiated the sixth triennial rule-making process which has been accepting petitions since then. Electronic Frontier Foundation (EFF), which has played a key role in past triennial rule-making proceedings and has gotten smartphone jailbreaks and...

Continue reading

Google News closes operations in Spain

Spanish publishers suffer as Google News closes Operations

  A while ago, Google closed its operations in Spain, in response to the new copyright law which has made it mandatory for Google, Yahoo and other news aggregators to pay licensing fee to all news publishers for using their stories or snippets in Google news.    The regulation, expected to come into effect in 2015, will deal with websites that share pirated content. As per the law, Spanish Government will have the authority to penalize websites up to $750,000 for directing links to the pirated content.   Media companies from Anti Google Lobbying Group, AEDE (Association of Editors of Spanish Dailies) which pushed the...

Continue reading
css.php