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Intellectual Property

BananaIP Counsels > Intellectual Property (Page 10)

Hiding in plain sight: Is Spotify in the ‘business of issuing or granting licenses’?

Spotify, Licensing songs, Music License

Spotify, the Swedish audio streaming service recently launched in India. The service, offering both ad-supported as well as paid premium subscriptions has already acquired one million users in the first week of its launch and by the looks of it will continue to gain users.  Besides the seemingly overnight popularity the service has also been in the news for its ongoing legal battle with Warner Music Group. However, that will not be the focus of this post. In this post we will look at Spotify’s content licensing business in the light of Section 33 of the Copyright Act 1957 (as...

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Weekly Copyright News: Patanjali Forces Removal of Defamatory Videos, Registration Needed for Infringement Suit, Netflix sued for FYRE, and more

Delhi High Court Directs YouTube to Take Down Video Defaming Patanjali, Uri Makers Lose Piracy Battle After Recent Surgical Strikes, Spotify India Hits One Million Users in its First Week, Copyright Office Allows Scanned Signatures in Applications, SCOTUS: Copyright Registration a Must to File Infringement Suit, FYRE Festival Attendee Sues Netflix for Copyright Infringement, Warner Bros. Shuts Down ‘The Departed’ Campaign Claiming Copyright Infringement, Fox Loses Huge ‘Bones’ Lawsuit Involving Profit Participation, Coogi Sues Nets, Nike and NBA over Notorious B.I.G Themed Merchandise, Disguise Inc. Signs Multi-Year Licensing Agreement to Create Pokémon Costumes, WB Brings Hello Kitty! to Hollywood, Mötley...

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Your Story! So What? – Books, Similarity and Copyright Infringement – Copyrights and Writers Part 11

Copyright Infringment, Author rights, Post on Authors and Copyrights

Copyright does not protect ideas except to the extent they are expressed, and a writer will not be liable for copyright infringement if she copies only ideas of another writer. Ideas, facts, historical events, and public domain works are open to all writers, and no writer can claim exclusivity over them under the copyright law. However, a writer is not permitted to copy expressions of another writer, and such copying without authorization gives rise to copyright infringement. Copyright Infringement If an author exercises exclusive rights of another author with respect to his copyrighted book without permission, the first author will be liable...

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Basics of Industrial Designs

Basics of Industrial Designs

Any good business man would tell you that the success of any product in the market depends a lot on its aesthetics almost as much as its function.  A lot of the times it has so happened that a more aesthetically pleasing product has done better in the market, as compared to competing products that have a higher functional value, merely because of its appearance. Therefore, when it comes to consumer products, appearance plays a huge role and has the effect of influencing the buyer’s decision. This means that in an extremely competitive market it becomes increasingly important for a...

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Weekly Trademark News: Flipkart Wins a Domain Infringement Case, Lacoste Loses a Bite of its Crocodile, Jungle Book Activity Books Coming, Mizo Banana GI, and Other News

Weekly Trademark News - BananaIP Counsels

Indian Trademark Statistics for March (First Week), Taylor Swift and her Bizarre Trademarks, McDonald’s Loses to Supermac, Flipkart Fights its Domain Squatter and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “Representations that do not make sense are the best Trade Marks” – Dr. Kalyan C. Kankanala INDIAN TRADEMARK STATISTICS In the last week, the Indian Trademark Office has had a very slow week. The total number of applications published in the trademark journal has decreased by eighteen percent (18%). Similarly, the total number of registrations granted has decreased by forty Three percent (43%) and...

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Your Book or Mine – Writers’ Moral Rights: Copyrights and Writers Part 10

A writer has two types of rights in his/her work: moral rights and economic rights. Economic rights are most often brought up in a discussion on copyright law, as they could lead to direct commercial benefits for the writer as well as other parties involved in a transaction. As seen in the previous post, the rights to publish a work, make it available to the public, and make and distribute copies of that work are important rights for a writer to make a living. Although moral rights do not directly help the commercialisation of a writer’s work, they are essential...

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Weekly Patent News: Patent Statistics, Interesting Inventions, New Draft Manual of Patent Office Practice and Procedure, National Policy on Software Products and more

The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

“Patent Statistics, Interesting Inventions, Draft Manual of Patent Office Practice and Procedure 2019 published, National Policy on Software Products – 2019, receives sanction from the Union Cabinet, Huawei and Samsung end patent infringement dispute, Blackberry and Twitter in a tussle, NI – MSME to organize a 5 - day training session on Intellectual Property Rights, RGNIIPM Nagpur to launch an IP Innovation Gallery” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Quote of the Week “An invention has to make sense in the world it finishes in, not in the world it started” Tim O’Reilly, Founder of...

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Reading Between The Lines- Book Publishing Contracts: Copyrights and Writers Part 9

Reading Between The Lines- Book Publishing Contracts_ Copyrights and Writers Part 9

Getting a publishing contract is an important milestone for a writer. For some writers, that is a remarkable achievement. This is despite the fact that the value added by publishers in publishing a book has been diminishing over the years. In reality, a publisher is merely a middle man between the author and the reader, and though many publishers claim to contribute to the quality of the book, their role is mostly limited to copy editing, printing, and distributing it. The success of a published book is largely dependent on the author and his efforts, and when seen from this...

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Weekly Copyright News: E-Commerce Policy, Rush for Patriotic Movie Titles, Spotify in India, and more

DIPP Invites Comments on E-Commerce Policy, Bollywood Rushes to Register Patriotic Movie Titles, Spotify’s India Launch Hit by Warner Suit, IFTDA Bans Navjot Singh Sidhu from Kapil Sharma Show, Tiktok Launches Video Series on Community Guidelines, Total Dhamaal Leaked Online Soon After Release, APC: Serena Williams’ Cartoon Not Racist, Nicki Minaj Denies Copyright Infringement in Tracy Chapman Lawsuit, US Copyright Office Denies Copyright for ‘Carlton Dance’ in Fortnite Suit, US Court Allows AT&T-Time Warner Merger, Facebook Held Liable for Retaining Copyright Infringing Links in Italy, Pocket Aces Teams up with Amazon, Tip of the Week, and more. Copyright Quote Unfortunately, nothing is...

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Regulating eCommerce Marketplaces: Proposals in the National eCommerce Policy Draft

Regulating eCommerce Marketplaces: Proposals in the National eCommerce Policy Draft

The recently released National eCommerce Policy Draft ("eCommerce Policy") acknowledges the role of eCommerce marketplaces in building the network and systems to facilitate eCommerce in India. As stated in the policy, many agree that the emergence of eCommerce marketplaces have benefited small sellers and consumers. At some level, eCommerce marketplaces have also played a role in spreading eCommerce knowledge and culture. However, the growth of large eCommerce marketplaces combined with lack of an effective regulatory mechanism has created entry and growth barriers for enterprises, and has given rise to anti-competitive, oppressive, unfair, and discriminatory practices. Acknowledging some of these aspects,...

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