24 March 2017

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Film Expression and Censorship in India: Review Committee Reports, Benegal Committee report, Mudgal Committee report, Censorship Model (Part 4)

The featured image reads "Government censorship protecting you from reality". To read what this is about, click here

Continued from Part 3, read part 3 by clicking here. Review Committee Reports The Benegal Committee and the Mudgal Committee constituted in 2016 and 2013 were tasked with the job of making recommendations for the process of film certification in India, Uniform, Non-Discriminatory and Non-Discretionary among others.[11] Though both the reports agree that the existing system of film certification is fraught with subjectivity, they diverge in their recommendations for making it objective. While the Mudgal Committee, in line with its mandate, recommends making the certification mechanism objective and transparent by amendments to principles and changes in the process, the Benegal Committee recommends a...

23 March 2017

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Film Expression and Censorship in India: Censorship cases, Udta Punjab, Had Anhad, Lipstick under my Burkah (Part 3)

Posted by Dr. Kalyan C. Kankanala

in Media and Entertainment Law

Continued from Part 2, read part 2 by clicking here. Select Censorship Cases Religion, Women, Drugs, Decency, public order, Sovereignty and Integrity, all form the basis for CBFC's decision with respect to Udta Punjab, Had Anhad and Lipstick under the Burkah films. The disputes and controversies around the said films reflect the subjectivity inherent in CBFC's assessment and judgment. The fact that the Courts reversed all excisions made by the CBFC in two of the cases leads one to conclude that the decision making process of CBFC may not only be subjective, but also arbitrary. Udta Punjab Case[8] Written and directed by Abhishek Chaubey,...

22 March 2017

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Film Expression and Censorship in India: Film Certification Principles, CBFC Guidelines and Principles (Part 2)

Posted by Dr. Kalyan C. Kankanala

in Media and Entertainment Law

The featured image reads "The worst thing about censorship is (the text after this line is blocked with a black tape". This image very aptly indicates censorship. To read more click here.

Continued from Part 1, read part 1 by clicking here. Film Certification Principles The guidelines issued by the Central Government under the Act and the principles therein guide the CBFC in forming opinions and making decisions with respect to certification.[7] The Guidelines expound the permissible restrictions under the constitution and the provisions of the Act. They broadly capture the principles based on which prior restraint may be imposed on films submitted for certification. Guidelines and Principles The CBFC will not give a certificate for public exhibition of the film or a part if it: is against the interests of the sovereignty and integrity of India; ...

21 March 2017

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Film Expression and Censorship in India: An Introduction (Part 1)

Posted by Dr. Kalyan C. Kankanala

in Media and Entertainment Law

Expression in the form of films is unique and special in many ways. Films merge life-like moving pictures, sounds, and other effects to tell a story, or send a message unlike any other form of expression. When the film is shown to a captive audience in a closed, dark environment, with the aid of advanced technology, its impact is heightened substantially. It is believed that one does not experience the same euphoria, emotion and engagement if the same film is seen on a television or computer at home. The impact of the film is therefore presumed to be higher when...

17 November 2016

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Media and Entertainment Law : Madras HC directs Google and YouTube to provide user details in defamation suit.

Posted by BananaIP Reporter

in Media and Entertainment Law

Google and its subsidiary YouTube were caught in a crossfire in India when Lebara Foundation a non-profit philanthropic institution supporting communities to address the welfare of vulnerable and displaced children, filed a defamation suit over an allegedly defamatory video posted by an uploader named Marupakkam Seithigal on YouTube. A Single bench (Justice MM Sundresh,) of the Madras High Court allowed Lebara’s applications seeking the IP address of those responsible for uploading a ‘defamatory’ video. The court said “If a person is aggrieved by the offending video uploaded by an unknown phantom, then the identity will have to be made know...

08 August 2016

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Media and Entertainment Law : Mohenjo Daro triumphs infringement battle

Posted by BananaIP Reporter

in Media and Entertainment Law

The featured image shows a picture of the actor Hrithik Roshan. The post is about the recent copyright infringement action initiated against the film 'Mohenjo Daro'. To know more, please click here.

Another film met the fate of being brought before the court in the 11th hour for plagiarism. The film Mohenjo Daro, directed by Ashutosh Gowarikar is scheduled for release on 12th August 2016. The movie was brought before the Bombay High Court with a claim that it was a product of plagiarism. But the film triumphed its first ever legal battle. The Plaintiff, Mr. Akshayaditya Harishchandra Lama ("Lama") claimed that the 1st Defendant, Mr. Ashutosh Gowarikar directed film Mohenjo Daro infringed his copyright in the work titled “Mohenjo Daro (The Story)” and the Plaintiff's copyright in the title Mohenjo Daro. According to...

01 August 2016

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Media and Entertainment Law: Don’t use my name…Okay, cool.

Posted by BananaIP Reporter

in Media and Entertainment Law

Fashion houses rarely stay out of the news, especially when it comes to IP related matters. Recently the English luxury fashion house Burberry sued rapper and music producer Burberry Perry (real name Perry Moise). Can anyone take the hint, why Mr. Perry was sued? Yes, it’s a no-brainer, for trademark infringement and dilution. Besides using the name of the fashion label as a part of his stage name, the rapper also used Burberry’s trademark check print and the equestrian logo for the promotion of his album titled “BURBERRY PERRY”. The lawsuit was filed last Tuesday in the Southern District of...

06 July 2016

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Media and Entertainment : John Doe orders obtained by makers of ‘Sultan’

Posted by BananaIP Reporter

in Media and Entertainment Law

The featured image shows a signboard with the words 'No Piracy' written in black , bold letters. A skull with two cross bones is also present next to the words. The post is about a john doe order that YRF secured in its favour regarding the movie 'sultan'. To know more, please click here.

This post discusses the latest development relating to the movie ‘Sultan’. The movie was released today, i.e.on 6.07.2016. Ahead of the release of the much awaited movie ‘Sultan’, Yash Raj Films approached the Bombay High Court ,seeking for an interim injunction to fight piracy. Yash Raj Films filed an application after they came across websites hosting several links to download the yet to be released movie ‘Sultan’. These links although dormant at the time of making the application are bound to become functional once the movie is released. In an order passed by Justice G. S. Patel, the Bombay High court...

18 June 2016

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Media and Entertainment Law: Udta Punjab and the Sad Story of Online Piracy of Bollywood Movies

Posted by BananaIP Reporter

in Media and Entertainment Law

The featured image depicts a movie clapboard. The post is about the online leak of the movie udta punjab. To know more, please click here.

Udta Punjab, the recently released bollywood movie on substance abuse prevalent in Punjab has been mired in controversy from the beginning. Earlier, when the movie had commenced its shooting,the production unit faced trouble for not taking mandatory permission from the district administration and police authorities of Amritsar. However, recently the movie drew attention due to its certification and censorship by the Central Board of Film Certification (CBFC) which became the bone of contention between the producers and the CBFC. In order to make sure that the movie gets released on time, the producers led by Anurag Kashyap went to the...

16 June 2016

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Media and Entertainment Law:Dust settles down in the Udta Punjab row

Posted by BananaIP Reporter

in Media and Entertainment Law

The featured image shows the face of a man with his eyes and mouth covered by the palms of another person. The post is regarding the row between producers of Udta Punjab and the CBFC. To know more, please click here.

“Submitting to censorship is to enter the seductive world of ‘The Giver’: the world where there are no bad words and no bad deeds. But it is also the world where choice has been taken away and reality distorted. And that is the most dangerous world of all “ – Lois Lowry Indian film fraternity has now entered a new era where both realistic films as well as commercial films are equally appreciated by audiences. The success of Gangs of Wassepur, Lunch Box and Wednesday are few examples of the changes happening to the mind set of today’s audiences. While that...

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