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Media and Entertainment Law

BananaIP Counsels > Media and Entertainment Law (Page 18)

Entertainment Law: MSF Initiates Legal Action Against ‘Phantom’

After being banned by the Lahore High Court on the ground of ‘filthy propaganda’, it is now MSF’s (Medecins sans Frontieres) turn to draw the sword against ‘Phantom’, the Indian action thriller directed by Kabir Khan, starring Saif Ali Khan and Katrina Kaif. Phantom, which was released on 28th of August, 2015 revolves around the story of an aid worker who helps a disgraced Indian soldier to assassinate Pakistani extremists, who orchestrated the 2008 Mumbai terror attacks. The trailer of the movie portrays Katrina Kaif as an aid worker using arms to fight against terrorists. A report claims that while the name MSF...

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Intellectual Property, Creativity and Madness

Featured is a picture of a quote by Eric Fromm, "Creativity requires the courage to let go of certainties". To read the full post click here.

Creativity forms the foundation of intellectual property and intellectual property law. The latter has no existence in the absence of the former. We, Intellectual Property (IP)/Patent attorneys, earn our bread and butter from creators and inventors. One of the joys of being an intellectual property attorney is the opportunity to work with geniuses. While the opportunity leaves one happy and contented on most days, IP attorneys once in a while come across personalities, very difficult to handle. Many a time, especially when I have a bad day, I have wondered if nature  wantonly places weaknesses in highly creative minds. A recent...

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Copyright: Digital Rights Management: An analysis

Laws alone cannot eliminate copyright infringements. For copyright law to take its course, there have to be effective detection of infringements and identification of infringers. Furthermore, as with any property rights, owners of copyrighted content have to take certain measures to protect their copyrights before expecting law enforcement to aid them. DRMs and ETMs are such measures a copyright owner is expected to take in order to protect his copyrights in the digital world. The term Digital Rights Management (DRM) broadly refers to a set of policies, techniques and tools that guide proper use of digital content. Simply put, a...

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Copyright: EFF strives to preserve abandoned video games and jailbreak among others

22) The picture has a large copyright symbol at the center of it. The post is about the copyright holders suing Internet Service Providers for vicarious copyright infringement. Click on the image to read post.

Since the dawn of internet, the technological development has been exponential, leading to digitisation of almost all possible activities as from tablets and phones to watches, glasses, TVs and even refrigerators become “smarter”. The laws such as Digital Millennium Copyright Act (DMCA), enacted to focus on the rise of digital era, are unable to completely match the pace of this development. Under chapter 12, DMCA prohibits circumventing technological measures designed to ensure copyright protection, commonly called as access controls, as specified under section 1201(a)(1)(A) in these words: “No person shall circumvent a technological measure that effectively controls access to a work...

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Copyright: Copyright Intellectual Property blockbuster: 2014

Dear Sinapse Readers, The information age brought with it mounds of new perspectives and facts. But is it enough that it's all out there! We do want to be able to know a whole lot by reading very little. So, we bring you a quick look at all the major IP-related happenings of 2014. Copyright Law: 1. CJEU rules – ISP’s can be made to block Illegal Download access As an endorsement to European Union’s anti-piracy policies, the European Court of Justice ruled on March 27th, 2014, that EU Internet Service Providers (ISP) can be forced to block access to copyright infringing websites. The CJEU...

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Entertainment Law: Entertainment Law Intellectual Property Blockbusters: 2014

This image depicts a Classical Guitar. This image is relevant as the article deals with the Entertainment News of Bollywood. Click on this Image for more Information.

Dear Sinapse Readers, The information age brought with it mounds of new perspectives and facts. But is it enough that it's all out there! We do want to be able to know a whole lot by reading very little. So, we bring you a quick look at all the major IP-related happenings of 2014. First, Entertainment law: 1. Gulaab Gang in legal trouble! Multi-starrer movie Gulaab Gang gets into trouble with activist/leader Sampat Pal Devi of Gulabi Gang challenging the release of the movie before the Delhi High court, though Sampat Pal Devi succeeded in getting an order of stay initially but was later vacated...

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Entertainment Law: Online Piracy, A matter of great concern, As Discussed during the India-US CEO Forum

This image depicts a conversation between Narendra Modi and Obama. This image is relevant as the article deals with the online piracy discussions held in US CEO Summit. Click on this Image for more Information.

The second visit of President Barack Obama to India, the first US President to have visited India twice while in office, clearly highlights the global partnership between the two nations in the task of strengthening economies and strong democracies. Referring to said partnership, Prime Minister Narendra Modi stated that the partnership assumes great relevance in the digital age.

In this age of modern digital technology, an issue that has been nagging the industrial sector, particularly the Entertainment Industry, is online movie piracy. The Motion Picture Association (MPA), in its latest report on movie piracy, has listed India as one among the top 10 countries where online piracy is at its peak. One may not say that India is a box-office goldmine for Hollywood but that the total market share of Hollywood movies from India is only 10%. That being said, the growing popularity for its movies and TV shows makes India a very important market for Hollywood. Perhaps this was the reason why issues related with Intellectual Property Rights, including piracy of films and software were brought up during the India-US CEO Forum in New Delhi which was attended by US President Barack Obama and Indian PM Narendra Modi.

Intellectual Property: Weekly Warm up with Sinapse!

This image depicts Weekly Warm Up With Sinapse. This is a weekly newsletter floated out by BananaIP. Click on the image for more information.

GOOGLE V. SPAIN – SPANISH PUBLISHERS SUFFER AS GOOGLE NEWS CLOSES OPERATIONS

…A new Copyright law which has made it mandatory for Google, Yahoo and other news aggregators to pay licensing fee to all news publishers for using their stories or snippets in Google News, results in Google cutting its operations in Spain. However, the regulation allowed publishers to opt in to Google’s index, and prevent Google from paying licensing fee.

COPYRIGHT REGULATION TO ALLOW PRIVATE COPYING; TO FACE IRE OF UK MUSIC INDUSTRY

…In UK, music can be legally copied to a private system but a strong resistance was noticed from the UK music industry. The law came into force on October 1, 2015.

Entertainment Law: Pirate’s Share: Piracy is Not Music to Many Ears

This image depicts a Classical Guitar. This image is relevant as the article deals with the Entertainment News of Bollywood. Click on this Image for more Information.

The revenues from digital formats of music, as per an article published by RIAA, was about US$ 4.4B in 2013, and is growing at a exponential rate. The evolution of novel modes and means of digital exploitation has opened doors to music creators and owners across the world, as well as pirates. With more than 500 record labels releasing recordings in more than 20 languages, the music business in India is not only very large, but also diverse. The share of digital music revenues is estimated to be more than 90% and is expected to touch INR 18B in 2015.

Despite the increasing numbers, a large portion of potential revenue from digital exploitation is lost due to piracy. RIAA estimates that since the peer to peer file sharing platform, Napster, came into play in 1999, the industry has lost 56% of revenue, dropping from US$ 14.6B to US$ 7.0B by 2013. In India, the impact of piracy on the music industry is estimated to be 54% of the potential revenue. These numbers are staggering, and assuming that they are close to reality, the music industry in India is losing close to INR 1900 Crores due to piracy.

Copyright: New Copyright Law: Parody is legal if Judge thinks it’s funny

Here is the next post in the series of Student Blog Contest. This post is authored by Nitish Chaudhary.

Imagine, one day, if Copyright Laws were changed to account for the legality of a parody, a caricature or a pastiche[i], based on whether a Judge found it funny. For the citizens of UK, that day was October 1, 2014. Amendments to the Copyright, Designs and Patents Act, 1988, have done exactly this. Along with changes in Parody Law, there’s a new freedom by law to create personal copies, for private use[ii]. The UK Copyright Law, known to be anything but relaxed, has seen a crucial change, as can be seen below:

Copyright Law imparts unto a user the right to copy, bound by the following restrictions (not relating to computer programs):

  • The original source of the copy must have either been validly purchased or gifted; (A person has to legally own the original material before they can copy it),
  • The copy should be for ‘private use’, including for backup, shifting data, remote-access etc.; (i.e., for personal use by the owner of original, hence a personal copy),
  • The copy should not be used for commercial purpose, directly or indirectly; (No means no),
  • If the original material is transferred to another person, the right to personal copies is lost and they have to be destroyed; (If a person no longer owns the original, the copies can’t be used/owned either).