09 November 2018

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Sarkar in Copyright Trouble, ‘Thugs of Hindostan’ Leaked, China Bans Many Karaoke Songs, Harry Potter Themed Event, Google Partners with Sephora and more

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

‘Sarkar’ Accused of Copyright Infringement, 'Thugs of Hindostan' Leaked, China Bans More Than 6,000 Karaoke Songs, Rihanna Sends Notice to Trump for Unauthorised Use of Music, Treats for Fans of the Harry Potter Wizarding World, Google Ropes Sephora Into Home Hub Partnership 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 Shields INDIAN COPYRIGHT STATISTICS There is an increase of 35% in the total number of copyright applications filed last week as compared to the previous week. A total of 380 applications were filed for copyright registration during the...

03 November 2018

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Waiving Moral Rights Can Be Moral

Posted by BananaIP Reporter

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

First Publication Date: 13th January 2010 Professor Anil's post inspired me to research into alienability and waivability of moral rights under national laws. I noted that national laws of civil law countries such as France, Spain, Italy and Germany expressly restrict transfer and waiver of moral rights and national laws of common law countries such as UK and Canada permit their transfer and Waiver. If we look at the international instruments such as Berne Convention for the Protection of Literary and Artistic Works which under Article 6Bis also recognizes the moral rights of an author but is silent on the right...

02 November 2018

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Value of Intellectual Property for Music Bands

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

This image depicts a cluster of words related to intellectual property. This image is relevant because this post talks about outsourcing and insourcing of intellectual property. Click on the image to view full post.

First Publication Date: 6th January 2010 The potential Intellectual property usually goes unnoticed by the Band itself and the impact of the same is generally realized only when the same is infringed. Hence, the protection of various intellectual properties becomes quintessential for the development and revenue generation of the Band. Some of the basic types of Intellectual Property that must be protected by a band that will be dealt in this post include: A. Trade Marks; and B. Copyrights. A. Trade Marks The first intellectual property of a Band is born with naming the Band. The name of a band is very important because people will...

02 November 2018

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TRAI Act Prevails over Copyright, Netflix sued for copyright infringement, ToH deal with Google and more.

Posted by BananaIP Reporter

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

Supreme Court: TRAI Act Prevails over Copyright Law, No Winners in I&B Plan for DD Broadcast, Satanic Temple Sues Netflix for Copyright Infringement, Michael Jackson and Elvis Presley Top Dead Celebrity Earners, Thugs of Hindostan Strike Innovative Deal with Google Maps. COPYRIGHT QUOTE OF THE WEEK “The beauty of Copyright law is it protects you and it provides you the opportunity to honour others” - Peter Smith INDIAN COPYRIGHT STATISTICS There is an increase of 24% in the total number of copyright applications filed last week as compared to the previous week. A total of 281 applications were filed for copyright registration during the last...

30 October 2018

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“Three Idiots” Controversy – An Analysis

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

This image depicts the 3 Idiots Movie Cover

First Publication Date: 5th January 2010. For all the ardent Mr. Chetan Bhagat’s readers, who loved “Five Point Someone-What not to do in IIT” and fans of the movie, “Three Idiots”, the attribution controversy has not been very pleasant. In a recent press meet, producer Mr. Vidhu Vinod Chopra’s outburst over the question on Mr. Chetan Bhagat’s allegations of not being given proper credit in the film has led to an important question. The question that needs to be analyzed now is whether proper credit has been given and is it actually required to be given? In one of the previous posts here...

30 October 2018

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Moral of “3 Idiots”

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

Date of First Publication: 4th January 2010 Dr. Kalyan needs to be thanked for the timely post (dated 3rd January) on the current controversy over the credits for the movie "3 Idiots". Let me take this opportunity to air a couple of observations/questions on related issues: 1. Can the author, in this instance a fairly well known and popular author Mr. Chetan Bhagat, contract away his "moral rights" specifically, and not through the mode of assignment of copyrights of the work? Nothing in our Copyright Law (Section 57 or otherwise) prevents an author from specifically agreeing not to enforce the applicable "moral...

28 October 2018

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Music Band Agreements

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

The image depicts the a tag with Copyright written on it

First Publication Date: 21st December 2009 Some aspects to be considered while drafting a Band Agreements are- the nature of properties that may be accumulated by the Band, during its operation; the types of projects that may be undertaken by the Band; the sharing of incomes realized by the Band as a whole; and the conditions of disbandment or for departure of Band members. A. The Band’s properties While a Band may come to own several forms of properties over the years, the most valuable of these properties would be the intangible properties called, Intellectual Property Rights. A music Band may own and...

26 October 2018

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No Copyright in Mechanical Compiled database, ‘Suspiria’ Copyright Suit settled, Tracy Chapman Sues Nicki Minaj, Comments on Digital Copyright System, CD Baby Partners with Cosynd and more

Posted by BananaIP Reporter

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

Tamil Film Anti-Piracy Cell Suspends Piracy Platforms, Delhi HC: No Copyright in Mechanical Compilation of Customer Database, Artist’s Estate and Amazon Studios Settle ‘Suspiria’ Copyright Suit, Tracy Chapman Sues Nicki Minaj for Copyright Infringement, Songwriter Awarded $44 Million for Being Uncredited on Usher’s Album, US Copyright Office Seeks Comments on Digital Copyright System, CD Baby Partners with Cosynd to Streamline Copyright Registration, Facebook Expands Music Features and Lip Sync Live. COPYRIGHT QUOTE OF THE WEEK “Moral rights form the essence of copyright law. When they conflict with economic rights, moral rights must always prevail”. -Dr. Kalyan C. Kankanala INDIAN COPYRIGHT STATISTICS There is a...

24 October 2018

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Is the President of Senegal Entitled to Royalties?

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

The image depicts the statute of a woman and a man holding a child sitting on a rock i.e., the African Renaissance statue.

First Publication Date: 18th November 2009 A statue named “African Renaissance” is being made in Senegal which will be taller than the Statue of Liberty in New York and larger than the Eiffel Tower of Paris. This statue is being made with an understanding that the same will give a boost to the tourism and will generate income which can be used for the welfare of the country. However, ever before the completion of this “Artistic work”, the same has come under the controversies, which run around none other then the President of Senegal. Image Source/Attribution here (Governed by Creative Commons License...

20 October 2018

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R.G. Anand vs. Delux Films and Ors., AIR 1978 SC 1613

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

The image depicts a warrior fighting copyright issues.

First Publication Date: 14th September 2008 CASE FACTS: The appellant, R. G. Anand, an architect by profession and also a playwright, dramatist and producer of several stage plays, wrote and produced a play called ‘Hum Hindustani’ in 1953. It ran successfully and was re-staged in 1954, 1955 and in 1956. Aware of the interest of the plaintiff in filming the play in view of its increasing popularity, the second defendant, Mr. Mohan Sehgal, contacted plaintiff. In January, 1955, plaintiff met the second and third defendants and had detailed discussions about the play and its plot and the desirability of filming it. However,...

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