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BananaIP Counsels > Copyrights (Page 47)

Copyright: Punitive Damages: SAP AKTIENGESELLSCHAFT & ANR.(Plaintiff) versus -MR. SADIQ PASHA, PROPRIETOR, M/S. NEOLOGIK INDIA (Defendant)

Brief Facts of the case: The plaintiff,  Sap Aktiengesellschaft (herein after referred to as ‘SAP’) is a company incorporated in Germany, claims to be global leader in developing application software products for real time business developing process. SAP developed different versions of an automatic accounting and transaction- processing program that featured standard software and real-time computing known as SAP R/3 in the year 1992. The defendant, Mr. Sadiq Pasha, is the proprietor of M/s. Neologik India and is stated to be engaged in the business of providing training services to its clients in ERP software. It was found by SAP that...

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Copyrights: Tips files copyright infringement case against makers of Yamla Pagla Deewana

Image from here Tips Music Industries has filed a case against the makers of Yamala Pagala Deewana for using some of their songs in the film without obtaining the required rights. The songs in question include popular hits from the Tips audio library such as 'Pardesi Pardesi' from the movie Raja Hindustani, ‘Chori Chori Jab’ from  Kareeb and ‘Teri Adaaon Pe’ from Barsaat and have been used for a few seconds in the film "Yamala Pagala Deewana" . Tips claimed  that before the release of the movie, the makers of the movie did approach Tips Music, for using some of their songs from...

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Parallel Imports occurs when authentic products are imported cheaply, without the consent of the producer who has a Trade mark, Copyright, Patent or other intellectual property right in these products, with the aim to compete with the producer’s own products, which he himself had originally marketed abroad at a lower price. This amendment aims to foster enhanced competition amongst distributors and thereby enable Indian consumers and students to access a wider range of books at lower prices in a timely manner. Thus while parallel importers (local resellers) are sourcing legitimate genuine product from overseas, they are bypassing the authorized supply...

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Copyright: Software Piracy in India in 2010

The image depicts a man trying to sell pirated goods. The post is about software piracy in India. Click on image to view post.

Piracy entered public consciousness in India after the advent of Globalization from 1991 onwards. The rapid spread of video culture, the image of India as an emerging software giant, and the measurement of comparative advantage between nations in terms of the knowledge economy pushed questions about the control of knowledge and creativity about “Intellectual Property” into the foreground of economic policy debates. The consolidation of Indian media industries with global ambitions in film, music, and television gave the protection of copyright, especially, a new perceived urgency. India is always in the forefront in the frontiers of piracy. As per the reports...

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Copyrights: Google Sued by French Publishers for $14 Million over Books.

Contributed by Mr. Bhargav Rao. Google has been sued in a Paris Court by three top French publishers for forgery and copyright infringement.. The suit by Editions Albin Michel SA, Editions Gallimard SA and Flammarion, has been filed on the ground that Google has scanned 9797 copyright protected works and have claimed 10,000 Euros per book in damages . Google claims that all its work are in accordance with French and International Copyright laws. Google also claimed that it has been working continuously in developing a relation with the French publishers which would increase the audience as well as the revenue opportunities...

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Copyright: Copyright Infringement Allegation Haunts Organizers of Cricket World cup

The image depicts the cup the winner of the Cricket world cup gets. The post is about the copyright violation of the stadium managers in playing bollywood numbers during matches without license. Click on image to view post.

With every four and six in the world cup final, the Wankhede stadium, Mumbai was blasted with popular bollywood hindi songs to entertain the audience. Now, the entertainment measure seems to be haunting the organizers in the form of a copyright violation action. Novex Communications, the agency authorized to issue copyright licenses for Yash Raj Films, has given a notice to ICC (International Cricket Council), BCCI (Board of Cricket Control in India) and MCA (Mumbai Cricket Association) for alleged violation of copyrights in songs belonging to Yashraj Films. Novex has also demanded a compensation of Rs. 25 Lakhs as damages...

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Copyright: High Court denies Preliminary Relief Due to Delay in Filing Copyright Infringement Suit

Bombay high court has declined to grant preliminary relief to Feroz Khan Films for the song “Pyar Do Pyar Lo” in the Film Thank you produced by UTV Movies.  The copyright in the song belonged to Firoz Khan Films  from their film “Jaanbaazin”. .Justice Dhananjay Chandrachud after hearing the suit decided against granting any relief as the producers were too late in filing copyright infringement suit.  He stated that there has been a gross and unexplained delay on the plaintiff’s part though they were aware of the song since March 03, 2011.  He observed that approaching the court  when the...

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Copyright: U.S. movie streaming Zediva sued for copyright violation

The United States based online movie rental service provider Zediva was sued for copyright violation. The suit was filed by six Hollywood studios represented by Motion Picture Association of America before the Los Angeles federal court. The complainants have alleged that Zediva's operations violate the studios' right to "publicly perform" their works. The complaint states that the company doesn't ship DVDs to customers through the mail. Zediva's discs sit in players at the company's Silicon Valley data center, and the movies are played on-demand whenever a customer places an order. The complaints are seeking the court to order Zediva to...

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The Supreme Court has vacated its stay imposed on the Order of the copyright Board in the case filed by various Radio Stations including ‘Radio Mirchi’. The original suit was filed in Madras High Court by SIMCA (South Indian Music Companies Association) against the order of the copyright board. Various Radio Stations approached the Supreme Court against the order dated 22nd December, 2010 of the High court where the High Court refused to grant a stay on the order of the copyright board. Supreme Court  had granted a stay on the order of High Court on 18th March 2011 on...

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Copyright: Maharashtra government exempts copyright of films from VAT

Maharashtra government has exempted the transfer of copyright of films from Value Added Tax, relating to their exhibition in theatres. This was announced by Maharashtra’s finance minister Shri Ajit Pawar while presenting the state budget in the Legislative Assembly on 23rd March, 2011. Previously a producer had to pay VAT while giving the film print to a distributor for release. While the new move could result into huge savings for filmmakers.  Reports state that this move will cost the state Rs. 100 crores which it would have earned from this tax.  To know more about the Intellectual Property services offered by...

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