28 December 2018

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If I Could Copyright… My Audio: Copyrights and Writers (Part 7)

If I Could Copyright… My Book: Copyrights and Writers (Part 5)

This post deals with filing of copyright registration application for protection of Sound recording. As elaborated in our previous post, audio books are protected under copyright act as sound recordings. With the rise of various platform for audio books, like Audible, Google Play Books, Kobo Books, Bookmobile, etc., the market for audiobooks is growing with tremendous pace. In this scenario, it is recommended that writers should file a copyright registration application for registering their audiobooks under copyright law. Either the writer of the book or the publisher or any other person who has taken rights from the writer or publisher to...

28 December 2018

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Weekly Copyright News: Changes in Thackeray Biopic, Infringement at New Year’s Events, case against Jennifer Lopez, Mattel Loses Rights to DC Toys and More

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law

Film Producers Move High Court against Illayaraja in Copyright War, PPL Moves Bombay High Court Anticipating Copyright Infringement at New Year’s Events, TRAI: No Blackout of Subscribed TV Channels in New Framework, Censor Board Demands Changes in Thackeray Biopic, Spotify Settles $1.6 Billion Infringement Suit, Bar Sued for Copyright-Infringing Karaoke, Wynn Resorts Sues Genting over Hotel Design, Jennifer Lopez Sued for Posting Own Photo, Mattel Loses Licensing Rights to DC Toys, Marvel Signs Merchandising Deals for New Spider-man Movie and China Resumes Commercial Approval for Video Games. COPYRIGHT QUOTE OF THE WEEK “Copyright promotes creativity by proscribing the Right to Copy” -...

21 December 2018

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Weekly Copyright news: Ilaiyaraaja’s Royalty Claim, copyright infringement by T-Pain, Motorola Adds Copyright Infringement, Viacom 18 new series with Gates Foundation and more

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law

Court Summons Ronnie Screwvala for Copyright Violation, Artistes Seek Clarity on Ilaiyaraaja’s Royalty Claims, T-Pain’s Song off YouTube After Infringement Claims, Alfonso Ribeiro Sues Fortnite for Stealing the 'Carlton' Dance, Motorola Adds Copyright Infringement Claim to Suit Against Hytera, Petition Against EU Article 13 Gets 4 Million Signatures, CJ ENM Becomes Warner Brothers’ Exclusive Licensing Agent in Korea, Viacom18 to Launch Series on Sanitation with Gates Foundation. COPYRIGHT QUOTE OF THE WEEK "We have a massive system to regulate creativity. A massive system of lawyers regulating creativity as copyright law has expanded in unrecognizable forms, going from a regulation of publishing to...

14 December 2018

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Weekly Copyright News: Sony in Copyright battle, Spotify in Court for Copyright infringement, Promotions for ZERO and More

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law

Sony in Copyright Battle over Comedian's Voice, ‘Proud Boys’ Founder McInnes Banned from YouTube, City Merch and Balenciaga Settle Copyright Suit, Mötley Crüe Photo Lands Spotify in Court, Fortnite Sued for Swipe Dance Move, Novel Promotions for ZERO before December 21 Release, ‘Bohemian Rhapsody’ Most Streamed Song of the 20th Century, Priyanka Chopra Collaborates with Ivanhoe Pictures for Upcoming Film ‘The Sky is Pink’, Netflix Houses 19 of Top 20 Most-Streamed Series, Sony Partners with ACT Fibernet. COPYRIGHT QUOTE OF THE WEEK “I believe in copyright, within limited precincts. But I also believe in fair use, public domain, and especially transformation” -David...

12 December 2018

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If I Could Copyright… My Art: Copyrights and Writers (Part 6)

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

This post deals with filing of copyright registration application for protection of Artistic works forming part of a book. As stated in our previous post, text of a book is protected under Literary works, but some part of the book like images, diagrams, cover image, etc., may be protected under Artistic works. In order to ensure better copyright protection in a book it is recommended that a writer should first file for copyright registration for artistic works used in promotion of the book and cover image of the book. As elaborated in the previous post written by my colleague, Ashwini Arun,...

10 December 2018

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If I Could Copyright… My Book: Copyrights and Writers (Part 5)

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

As stated in our earlier posts, copyright registration is not mandatory, as copyright comes into existence the moment a work is expressed in a tangible form. However, writers are generally advised to get copyright registration for the work to make sure that the ownership of the work is duly established and to avoid disputes related to ownership. As copyright registration certificate acts as a proof of ownership right, it is advised that the copyright registration application is filed in the real name of the person/entity having the right in the work. The application process for registering a copyright is simple, and...

08 December 2018

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Open Source – A Business Reality

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Open Source

First Publication Date: 5th October 2010 Open source has today become a necessity for most businesses. It is estimated that 99 percent of all companies using software use at least one open source component. The business value added by open source products makes them inevitable for every company. In addition to software, open source has today expanded its tentacles to many areas from open text books to open drug discovery and is fast spreading to other areas.No business shift happens without legal hurdles and complications. With the rise in applications of open source to businesses, the legal battles with respect to...

07 December 2018

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Weekly Copyright News: Fan’s Facebook Page is Back, PIL Filed Against Kedarnath, Fox News Wins Copyright Suit, Tatasky New Partner and More

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law

Ilaiyaraja Threatens Legal Action for Non-Payment of Royalties, Fan’s Facebook Account Reactivated After BCCI Copyright Row, Another PIL Filed Against Kedarnath for Hurting ‘Hindu Sentiments’, Qatar Requests WTO Proceedings Against Saudi Arabia’s IP Violations, Gayle Awarded AUD 300,000 In Defamation Claim Against Fairfax Media, Russian IP Courts Set to Use First Intellectual Property Blockchain, Fox News Wins Copyright Suit Against Monitoring Service TVEyes, Clothing Brand Fashion Nova Slapped with Copyright Infringement Suit, Etsy and Seller Sued for Copyright Violation, Netflix Pays Warner USD 100 Million to Keep ‘Friends’, US-based Cinedigm Acquires ComicBlitz, Partners with China International TV Corp, Tata Sky...

04 December 2018

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Licensing of Software Does Not Give Rise to Patent Exhaustion

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Open Source

First Publication Date: 20th September 2010 The United States Court of Appeals for the Ninth Circuit clarified the legal confusion that was existing on the application of the first sale doctrine or doctrine of patent exhaustion with respect to software licenses. The Court clarified that the exclusive distribution right is limited by the first sale doctrine, which is an affirmative defense to copyright infringement that allows owners of copies of copyrighted works to resell those copies. Further the Hon’ble Court held that the exclusive reproduction right is limited within the software and this affirmative defense is unavailable to those who are...

04 December 2018

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Why Don’t You Copyright Me? Copyrights and Writers (Part 4)

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

As seen in the previous posts, a copyright protects original and creative expression in a tangible form. While copyright exists in a work irrespective of registration, writers are advised to register their works. This post looks at the various categories under which a writer’s work can be protected and why it should be registered. Protecting a Writer’s Work According to Copyright law, the following types of works form the subject matter for copyright protection: Literary Work; Musical Work; Artistic Work; Dramatic Work; Cinematograph Work; and Sound Recording. Books are mainly protected under copyright law as literary works. Literary works include poems, song lyrics,...

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