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BananaIP Counsels > Copyrights (Page 8)

Licensing of Software Does Not Give Rise to Patent Exhaustion

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...

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

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

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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Copyright Infringement: Bharat Law House vs. Wadhwa

First Publication Date: 13th June 2010 Supreme Court vacated Interim Application passed in favor of plaintiff and also allowed the IA in favor of defendants. This case is a hearing of interim application before Supreme Court while main suit was pending for trial. Case Facts Well-known authors Ratanlal and Dhirajlal wrote books on IPC, CrPC, Evidence Act, Torts, Law of Crimes and Bombay Criminal Cases. All these six books were assigned to the defendants by Mrs. Mary. Later, assignor and the defendants had a legal dispute which was finally settled by a compromise decree in court. As per decree, defendants were entitled to assignment of 4 books out of...

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Weekly Copyright News: Akshay Kumar’s Upcoming Film in Trouble, Australia’s Copyright Amendment Bill 2018, 2.0 Filter on Facebook, Spotify to Launch in India, Shutterstock Team-up with Greenlight and More

Weekly Copyright News Updates - Intellepedia

Telcos Petition Censor Board to Suspend Release of 2.0, Copyright Infringement Suit Halts Akshay Kumar’s Mission Mangal, Cinefil Applies for Registration as Copyright Society, Warner Bros. Settle Sabrina Infringement with Satanic Temple, Australia’s Copyright Amendment Bill 2018 Expands Piracy Laws, Malaysian Developer Sues Fox and Disney, Akshay Kumar Releases Special 2.0 Filter on Facebook, Spotify to Launch in India in the Next six Months, Shutterstock Simplifies Photo Licensing, Discover Media Lab Expands International Partnerships. COPYRIGHT QUOTE OF THE WEEK Monitoring and taking down infringing digital content is the key to internet/digital licensing success. -Dr. Kalyan C Kankanala INDIAN COPYRIGHT STATISTICS There is a decrease...

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Independent Touch of Creativity: Copyrights and Writers (Part 3)

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

Writings expressed on tangible forms are copyrightable only if they are original and creative. The thresholds are low, but they still have to be satisfied. Originality Originality checks whether a writing has been independently created. The question is not about similarity of works, it is about independence of expression. As long as a writer has independently written her work, it will not matter if the work is similar or identical to another work. Example: If X writes a poem, and it is identical to a poem written by Y, X's poem will be considered original if she has written the poem independently, and...

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Write, Keep Writing, The World will …- Copyrights and Writers (Part 2)

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

Copyright protects original, creative expressions on a tangible form. All three requirements, originality, creativity, and expression on a tangible form have low thresholds, and are easily satisfied by almost, all writings. As long as the writer's work is independently created, not copied; it has  minimal creativity, a pinch at least; and the writing is on a tangible form such as paper, electronic medium, etc., copyright protection automatically begins. Expression is what matters for copyright protection, and impression is irrelevant. Ideas and Expressions Copyright protects expressions, and not ideas. An idea in the writer's mind has no value under the copyright law. It...

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Who’s Intellect? Who’s Property?

This post was frst published on March 16, 2010. Contributed by Prof . Madabhushi Sridhar The print media comprises of newspapers, books both fiction and non-fiction. The copyright law regulating rights over economic benefits of ‘owners’ of electronic media are totally different in its impact compared to that of authors in print media. Electronic media refers to TV, radio, music album publishers, Internet, or online publishers, compute programme writing industry, etc. In electronic media, the investments are high, production process is complicated and involves rights of writers, performers, technicians, directors, helpers and producer besides distribution agents. When the property is changing hands...

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Copyright: Public Domain in Copyright Regime: Facilitating Right to Know

This post was first published on March 16, 2010. Contributed by Professor Madabhushi Sridhar The interface between the right to know and limited monopoly over creative expressions to the authentic owner represent conflicts of interests. Proprietorial concerns on one hand and the social interests on the other need to be reconciled in almost every area where individual rights conflict with social concerns. If the copyright is considered as an extension of the right of speech and expression, it contradicts another fundamental right, i.e., right to know which was read into right to life under article 21. Recently the right to education, in...

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Copyright: Copyright Limitations on Media Freedom

This post was first published on March 12, 2010. Contributed by Professor Sridhar Madabhushi The newspaper you read this morning, the TV channel you watched this evening, the movie you saw last week, the computer software you use to write a letter, the music you listen to in your system, they are all copyrighted. There is a paradigm shift from viewing copyright as a monopoly that the public is willing to tolerate in order to encourage innovation and creation of news works to viewing copyright as a significant asset to country’s economy[1]. Nothing can be more properly described as a man’s property...

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