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Media and Entertainment Law

BananaIP Counsels > Media and Entertainment Law (Page 18)

Entertainment Law: Essential Agreements for every Movie Producer

Production of a Cinematographic film demands a lot of time and resources. Since, all of the financial resources are invested by the Producer, copyright law has recognized the Producer as the author of the cinematographic film, even though a cinematographic film is an amalgamation of several works that are entitled for independent copyright protection. The fact that a cinematographic film is created by the combination of several independently copyrightable works,  makes it all the more important for a Producer to acquire all the rights pertaining to these separate works so as to ensure the unhindered exploitation of the film. In...

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Entertainment Law – Dispute Resolution in the Entertainment Industry PPT by Sharada Kalamadi at GNLU

This presentation was delivered by Ms. Sharada Kalamadi at GNLU as a part of the entertainment law course offered to LLB and LLM students. The presentation covers: Subject matter of disputes in the entertainment industry Fair Dealing/Fair Use Section 52, Copyright Act, 1957 Concept of Fair Use Fair use defense Copyright infringement "Abstraction-filtration-comparison” test. Quantitative & Qualitative Test Extrinsic- Intrinsic Test Kroff Test R.G. Anand vs M/S. Delux Films & Ors Moral Rights Moral Rights Violation Remedies Piracy Dispute resolution mechanisms including mediation, courts, arbitration, Film Writers Association, Producers Guild Ms. Kalamadi used various industry examples, cases, multi-media to explain various concepts with respect to dispute resolution in the entertainment industry. Th presentation starts with discussing disputes...

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Entertainment Law – Contracts in the Entertainment Industry PPT by Sharada Kalamadi at GNLU

This presentation was delivered by Ms. Sharada Kalamadi at GNLU as a part of the entertainment law course offered to LLB and LLM students. The presentation covers: Film related Agreements Artists Agreements Author Agreements Rights and obligations of parties Future Formats Usage of third party IP/In film branding Licensing Types of Licenses Ms. Kalamadi used various industry examples, cases, multi-media  to give insights into various facets of Contracts in the Entertainment Industry. The presentation also elaborates on different types of agreements, such as artist agreements, authors agreements (music composers, lyricists, script writers, story writers, dialogue writers etc), terms of an artist/authors agreement . Further, it also talks about in...

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Voices and Celebrity Rights – Furlenco, Amitabh, Arvind, and Arnab

Furlenco is a business that rents furniture, beds, etc. Their website claims quick setup, free home delivery, and affordable furniture. The business has been advertising extensively on radio and other forums. On hearing the advertisement, you cannot help, but associate the voices that form part of the advertisements with personalities like Arvind Kejriwal, Chief Minister of Delhi, Arnab Goswami , renowned news reporter, and Amitabh Bachchan, a leading film star. There is no doubt that these personalities are celebrities in India, and hold celebrity or publicity rights. Now, the question is whether the use of likeness to their voices amounts to...

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Entertainment Law – Trade Marks and Publicity Rights PPT by Dr. Kalyan C. Kankanala at GNLU

This presentation was delivered by Dr. Kalyan C. Kankanala at GNLU as a part of the entertainment law course offered for LLB students. The presentation covers: Introduction to trade mark law; Trade Mark protection ladder; Trade Marks and Movie Titles; Protection of trade marks in series; Merchandizing and trade mark protection; Famous films and trade mark protection; Disparagement and trade mark use; Names, Registrations and Actions; Basics of Publicity Rights and Celebrity Rights; Publicity Right jurisprudence in India; Daler Mehndi case and factors; Kajal Aggarwal case; Sonu Nigam case; Exceptions to Publicity Rights Violation; and With the help of cases, examples...

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Entertainment Law – Copyright and Entertainment PPT by Dr. Kalyan C. Kankanala at GNLU

This presentation was delivered by Dr. Kalyan C. Kankanala at GNLU as a part of the entertainment law course offered for LLB students. The presentation covers: • Introduction to copyright law and philosophy of copyright law; • Copyrightability - Idea/Expression Dichotomy, Ideas and Expressions, Originality, Modicum of Creativity - tests; • Abstraction of expressions from ideas, public domain works, facts, common scenes, concepts, themes, etc; • Copyrightable Subject Matter - Works protected; • Rights granted to each type of work, and differences in rights; • Term of Copyright; • Ownership - Employer-Employee, Commissioned works - Works for Hire; • Assignment, Licensing and Royalty Sharing with respect to literary...

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Entertainment Law – IP and Entertainment PPT by Dr. Kalyan C. Kankanala at GNLU

This presentation was delivered by Dr. Kalyan C. Kankanala at GNLU as a part of the entertainment law course offered for LLB students. The presentation covers: Meaning of intellectual property; Nature of protection offered by IP; Different species of Intellectual Property, and their relevance to entertainment industry: Role of Patents in Entertainment Business; Copyrights and Entertainment; Trade Marks and their relevance to entertainment industry; Industrial Designs/Design Patents and their role in licensing and merchandizing; Geographical Indications and their role in entertainment; Trade Secrets in the  Entertainment Industry; Confidential Information and Entertainment Business; and Role of Traditional Knowledge in the business of entertainment. With the help of cases, examples and multi-media Dr. Kalyan's...

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Entertainment Law: The joke isn’t funny anymore

Man of a thousand impressions, Kapil Sharma, is back in the news. But this time it isn’t because of his rib-tickling jokes or hilarious antics. His Bollywood debut “Kis Kisko Pyaar Karoon” (“KKPK” for brevity) has landed in legal trouble, with its release date right around the corner. The film stars Kapil Sharma, Arbaaz Khan and Varun Sharma in lead roles and is directed by Abbas-Mustan. The production house responsible for the Kannada film Nimbe Huli has filed a complaint against the makers of Kis Kisko Pyaar Karoon for allegedly plagiarizing their storyline. Nimbe Huli, released last year, was about a...

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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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