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Copyrights

BananaIP Counsels > Copyrights (Page 8)

Batmobile – Supercar or Character?

This image depicts Batman standing on the batmobile.

This post was published on 18th March, 2014.   In a copyright infringement suit between the DC comics (Plaintiff) vs. Mark Towle (Defendant) the United States Court of Appeals for the Ninth Circuit is to decide whether the Batmobile is protectable under copyright laws. Batmobile is a renowned vehicle that the caped crusader a.k.a. Batman uses for fighting crime in the city of Gotham. Known for its aesthetics, aerodynamics, and features such as jet engine afterburner, torpedoes/missile launchers, automatic tire inflator and many more, the Batmobile made its first appearance in 1939 in a comic series called detective comics and was later...

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Conceptualizing Copyright Assignments & Licenses Part – I

The image has a huge copyright sign at the center of it. The post is about copyright assignment. Click on image to view post.

This post was first published on 25th June, 2014.   This blog series is intended to conceptualize the principles behind copyright assignments and licenses. Copyrights, like any other Intellectual Property Rights are considered a part of Property Rights and hence can be transferred just as corporeal properties. This transfer of ownership under Copyright Law happens in three different ways; first, by executing an Assignment deed; Second, by executing a License Agreement; and third, by transmission of rights by way of operation of law. In this post, I will analyze the concept of Copyright Assignment and the relevant legal provisions with respect to Assignment of Copyrights in India. Meaning...

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Clips of Copyrighted Material Constitute FAIR USE!

This Image depicts the Logo of 'Fox News'. This Image is relevant as the article deals with the Fair Use of Copyrighted Material. Click on this Image for more Information.

This post was first published on 19th September, 2014.   In a recent copyright dispute, a New York Court recently held that a database providing for television clips and snippets of transcript constitute fair use, protecting it from allegations of copyright infringement. TVEyes is a company that monitors and records all contents broadcast by more than 1,400 television and radio stations and transforms this content into a searchable database for its subscribers. TVEyes allows its subscribers to use search terms and obtain transcripts and video clips of the portions of the television show that used the search term and further are allowed to download and...

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Intellectual Property Protection for Computer Programs – Part II

The image has green lines over black background to indicate digital information. The image is relevant as the post is about IP protection of Computer Programs. Click on image to view post.

This post was first published on 1st September, 2014.   In continuation to the previous post in the series, we shall now be looking into the system of IP protection for computer programs that existed prior to the adoption of Copyright and Patent Laws. Though it can be said that Copyright and Patent Laws are the more popular systems of IP protection for computer programs, it was Trade Secret Law that was initially resorted to for the protection of software, primarily because, previously, computer programs bundled with systems, were not sold through retail channels of distribution. Manufacturers could protect their technology through contractual agreements and Trade Secrets....

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OSS License Compliance – Source Code Not Enough

  This post was first published on 17th January 2011.   Open Source Software adoption has taken a large stride in 2010. and so did enforcement of OSS licenses. Software Freedom Law Center has been taking the lead by filing suits against GPL violations. Despite the increasing number of OSS suits, none has till date gone the full distance. The cases are generally settled through compliance, withdrawal and/or payment of compensation.The recent withdrawal of an Open Source Software after alleged violation of GNU General Public License (GPL) by Apple elucidates that making source code available is not sufficient for OSS License compliance. The...

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Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part V

This Image depicts a seedling is being protected by two hands on it This Image is relevant as the article deals with the Copyrights and protection of ideas. Click on this Image for more Information.

This post was first published on 11th August, 2014.   Last week, we discussed the Urmi Juvekar Chiang case. Today we will look at the case of (1) Mr. Anil Gupta and (2) Another. vs. (1) Mr. Kunal Dasgupta and (2) Others - A landmark case, indeed, in the area of protecting ideas and concepts. This case elucidates the dos and don'ts of Idea Protection and Breach of Confidence in the Entertainment Industry. Plaintiff No. 1 - a Media Consultant Defendant No. 2 - a Television Production House It is the case of the Plaintiff that he conceived the idea of producing a reality television programme containing the process...

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Harmonious Construction Can Ignore the Term Clause

This post was first published on 25th May, 2012.   The plaintiff Shemaroo Entertainment Ltd. has filed this petition in the Delhi High court against Amit Sharma & others. The case has been decided on 16th May 2012. Shemaroo Entertainment Ltd. contended that it held copyrights over the song “Thodi si jo pee le hai” from the movie “Namak Halal” and prayed towards restraining the Defendants from using the “Thodi si jo pee le hai” in their film “Department”; from releasing or distributing the film without deleting the portion of the song and also from exploiting the audio rights of the film...

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Broadcasting Licenses under Sec. 31D of Copyright Amendment Act, 2012

This Image depicts the Copyright License Agreement. . This Image is relevant as the article deals with the Section 31(d) of the Copyrights Amendment Act,2012. Click on this Image for more Information.

This post was first published on 4th September, 2014.   The Copyright Amendment Act, 2012 has incorporated a new section into Chapter VI of the Copyright Act, which authorizes the Copyright Board to grant licenses to communicate to the public by way of performance of a literary or musical work and sound recording, which has already been published after paying Royalty fixed by the Board. One question that is frequently raised with respect to this section is its relevance and applicability  to television broadcasters. In order to understand the meaning and scope of this section for radio and television broadcasting organizations, it is...

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Works Made for Hire and Film Production – Part I: Notes on Copyright Amendment, 2012

The image shows a man holding a placard reading "Will work. Made for Hire". The post is about works for hire. Click on image to view post.

This post was first published on 24th June, 2014.   'Made for hire' works are of two types: a. Works created under a contract of employment or apprenticeship (Contract of Service); and b. Specially commissioned works (Contract for Service). Copyright Law, with respect to works made for hire is codified under Section 17 of the Indian Copyright Act. Clauses (b) and (c) of the section are specifically relevant to this article. They read as follows: "17. First owner of copyright...

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India’s Copyright Societies & Collective Rights Management – Part VI

This Image depicts the Word Art of 'Copyright'.This Image is relevant as the article deals with the Bombay High Court's Clarification on grey areas in Copyright Amendments Act,2012. Click on this Image for more Information.

This post was first published on 4th August, 2014.   The primary purpose of a Copyright Society, also referred to as a Copyright Collective, is Collective Rights Management. A typical society acts as a middle man between authors/owners of copyrighted works and the Licensees of such works. Simply put, authors transfer all or some of their rights to the society and the society, in turn, licenses those rights, collects royalty and distributes the royalty among authors. The society also collects an administrative, management or facilitation fee for this activity. Such fee is normally in the range of 10-15% of the license fee. Collective...

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