Quick bite: Dear readers, the following post is brought to you by the Media and Entertainment law experts of BananaIP (BIP)Counsels. This post is the first in its series and promises to engage your grey matter. This post will essentially help you understand the Entertainment Law and Copyrights surrounding Royalty Rights in Sound Recordings, Lyrical & Musical Works.
Colloquially used word music/song is more than melody or harmony reduced to print, writing or graphic form[1]. Music is a language with a…
The Union Government has launched a new scheme in order to protect Intellectual Property Rights. As a part of the scheme, the Indian Government is providing special knowledge toolkit to Indian Police to identify and prosecute IPR violations. This step was taken by Commerce and Industry Minister Smt. Nirmala Sitharaman for management of IP Rights. To prepare this toolkit, the Cell for IPR Promotion and Management (CIPAM) and the Federation of Indian Chambers of Commerce and Industry (FICCI) have worked…
Hello readers, 2016 has been a year full of exciting changes. Almost too many. In this post and subsequent posts we will bring to you events that made headlines in the field of copyright law.
Plan to block copyright.in by the Government
In October of this year, the government took notice of a website called copyright.in, with the government stating that the website was a misrepresentation of the official website of the Copyright Office. This has been referred to relevant…
Hello readers, 2016 has been a year full of exciting changes. Almost too many. In this post and subsequent posts we will bring to you events that made headlines in the field of copyright law.
Restriction of three Copyright Societies from granting licenses until April 2017
In an order issued by the Justice Endlaw of the Delhi High Court in December, Saregama India Ltd. was asked to deposit Rs.20 lakhs in Court in a copyright infringement suit filed by Zee…
Facts
IPRS (Indian Performing Right Society) has its grievance against the broadcasters of Private FM Radio Channels and Event Organizers for paying royalties to only the owners in copyright of the sound recording but not to the authors of the lyrical or musical scores. The Single bench of the Delhi High Court Justice S.Ravindra Bhat ruled in favor of the radio broadcasting channels and IPRS then appealed to the Supreme Court, which delivered its judgement in September.
Question of Law
The question…
Hello Readers!! There has been a lot that has been brewing over the past few weeks with respect to Trademarks. We have decided to recapitulate the trademark news which have recently hit the headlines in our segment, Weekly Trends. Let us take a quick look at what happened in the past weeks, with this weekly update.
Dish Tv India restrained from operating in Middle East and North Africa
As you may or may not know Dish TV India Ltd.was…
In today’s edition of Weekly Trends, we bring to you copyright law related news. Let us see the trending headlines for the past couple of weeks.
Section 31D of the Copyright Act, 1957 (as amended) to include internet broadcasting organizations
Section 31D of the Copyright Act, 1957 titled “Statutory license for broadcasting of literary and musical works and sound recording” was inserted vide the 2012 Copyright Amendment Act. The Section mainly lays down certain mandatory compliances for the broadcasting organizations…
The Indian Singers Rights Association v. Chapter 25 Bar and Restaurant
Citation:CS (OS) 2068/2015 & IA No. 14261/2015
Facts
The Defendant in this case, Chapter 25 Bar and Restaurant during the month of April 2015 had been illegally communicating to the public numerous songs containing performances of various member singers of the Plaintiff copyright society, Indian Singers Rights Association (ISRA), without obtaining appropriate clearance from ISRA and paying the requisite royalty fee. ISRA had issued a legal notice against the Defendant…
The CJEU recently delivered a judgement we all had been waiting for, GS Media v Sanoma Media Netherlands and Others (C-160/15). Just to jog your memory here are the facts of the case:
The publisher of Playboy Sanoma had commissioned a photo shoot of the model/TV presenter Britt Dekker. The unpublished photos from the photo shoot were made available by GS Media on its website GeenStijl, without any authorization from the copyright holder. Sanoma filed a copyright infringement suit against…
The much awaited decision of the Delhi High Court in The Chancellor, Masters & Scholars Of The University Of Oxford & Ors.versus Rameshwari Photocopy Services & Anr has been delivered yesterday.
Case Citation
The Chancellor, Masters & Scholars Of The University Of Oxford & Ors. v. Rameshwari Photocopy Services & Anr. CS(OS) No.2439/2012
Date of decision: 16th September, 2016.
Deductions
Some quick deductions from a first reading of the decision are provided hereunder for the reader's reference.
In this case,…