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Media and Entertainment Law

BananaIP Counsels > Media and Entertainment Law (Page 2)

‘Right to Be Forgotten’ Win for Google, Project Voldemort, Dating Apps at War, and more

IP Privacy and Antitrust News

Start-Up Offers Huge Database of AI-Generated Images, US Copyright Office Denies Registration of Dunhill’s ‘Engine Turn’ Pattern, Patagonia Sues Third-Party Seller for Infringement and Misuse, UK Drug Makers Admit Breaching Anti-Trust Laws, Snap Shares Facebook’s ‘Project Voldemort’ with FTC, Google Wins ‘Right to be Forgotten’ Battle in the EU, Wild Accuses Tinder of Bullying, Facebook Suspends Several Apps for Misusing Data, and more. US Copyright Office Denies Registration of Dunhill’s ‘Engine Turn’ Pattern   The US Copyright Office has refused to grant copyright protection to a fabric pattern created by British men’s wear brand Dunhill, whose application had been previously refused for...

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Dream Girl Loses Iconic Song, Four Jays Calls Apple “Modern Tape Pirate”, and more

Entertainment Law News: Delhi HC Restrains Balaji from Using “Dhagala Lagli” Song, Meesha Shafi Sues Ali Zafar for INR 2 billion, Pailwan, Dream Girl Pirated Online, Four Jays Sues Apple for Unauthorised Use of Music, NMPA Raises Infringement Claims Against Peloton to USD 300 million, and more. National News Delhi HC Restrains Balaji from Using “Dhagala Lagli” Song The Delhi High Court has passed an order restraining Balaji Telefilms from using the famous Marathi song “Dhagali Lagli” in its recent release “Dream Girl”, starring Ayushman Khurana. The suit for copyright infringement and interim injunction was filed by Saregama India Ltd, which owns the...

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Tinder Originals, Big Bang Theory Worth 1 Billion, and more.

Licensing and eCommerce News: Tinder Forays into Creating Original Shows, WarnerMedia Buys Rights to Stream ‘The Big Bang Theory’ for USD 1 Billion, MLC Requires USD 66.5 Million Initial Funding, eCommerce Companies Accused of Violating FDI Norms, Deadline to Submit Feedback on Draft eCommerce Guidelines Extended, SoftBank Invests in Latin eCommerce Market, and more. eCommerce News eCommerce Companies Accused of Violating FDI Norms The Confederation of All India Traders (CAIT) has recently stated that Amazon and Flipkart violated the Press Note No.2 of the FDI policy 2018, by hosting festival sales on their respective platforms. According to the FDI policy, e-commerce companies are...

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Saaho Plagiarism, Forever21 Sued for Ariana Grande Look-alike, BBC Pays for Privacy Violations, and more

COPYRIGHT STATISTICS There is a decrease of 12% in the total number of copyright applications filed for the month of August as compared to the month of July. A total of 1664 applications were filed in the month of August, 2019. The majority of applications were filed for literary works and artistic works. Sl. No Type of Work Number of Application Filed in the Month of July 2019 Number of Application Filed in the Month of August 2019 Change Percentage Change 1 Literary/ Dramatic Work 1099 1024 75 Decrease of 6% 2 Artistic Work 498 511 13 Increase of 2% 3 Cinematograph Work 17 9 8 Decrease of 47% 4 Sound Recording 154 0 154 Decrease of 100% 5 Software 125 120 5 Decrease of 4%   Total 1893 1664 229 Decrease of 12%   Weekly Entertainment Law Updates, by BananaIP Counsels: Director and Artist...

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A Case for Statutory Licensing of Music for Broadcasting

After the Wynk decision of the Bombay High Court, which came to the conclusion that internet broadcasting is not covered under Section 31D of the Copyright Act, the record labels are on  a drive to convince the Government, industry and academics that statutory licensing does not provide fair value to sound recording holders. Their efforts seem to have doubled and tripled after publication of the draft Copyright Rules, 2019, which  proposed to include internet broadcasting within the scope of statutory licensing scheme under Section 31D. Led by the Indian Music Industry, the record labels are arguing that fair value for...

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Digital Rights Management

This post was first published on December 24, 2014.

 

Laws alone cannot eliminate copyright infringements. For the 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 DRM system manages the appropriate use of content.

The major functionalities of this system are numerous. They include facilitating packaging of raw content into an appropriate form for easy distribution and tracking, protecting content for tamper-proof transmission, protecting content from unauthorized use and enabling specifications of suitable rights, which define the modes of content consumption. DRM systems also facilitate the delivery of content offline on CDs and DVDs; deliver content on-demand over peer-to-peer networks, enterprise networks, or the Internet; and provide ways of determining the authenticity of content and of rendering devices. Some of the popular controlled access techniques in use are encryption, electronic signature, digital watermarking etc.

Weekly Entertainment Law News: TikTok in Content Ownership Controversy, Musician Sues “Baby Shark” Producers, and more

Another Content Ownership Controversy for TikTok, Copyright Office: No License Required for Use of Songs in Marriages, Musician Sues “Baby Shark” Producers for Copyright Infringement, Producer Sues Drake for Copyright Infringement of Beats, RIAA Refuses to Share “Six-Strikes” Results with Cox, Eminem’s Publisher Sues Spotify for Copyright Infringement, and more. National News Another Content Ownership Controversy for TikTok Online video-sharing platform TikTok has found itself in the middle of a content ownership controversy yet again. TikTok had sent takedown notices to social networking platform ShareChat, asking ShareChat to remove content in which TikTok claimed copyright ownership.  However, ShareChat has sent   a letter to...

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Copyright and eCommerce Law News: Apple Sues Corellium for Copyright Infringement, YouTube Sues Copyright Troll for Extortion, US Govt Supports Led Zepplin in Infringement Case and more.

Delhi HC Issues Order Against Piracy Sites; Season 2 of Netflix Original Sacred Games Subject to Rampant Piracy; Apple Sues Corellium for Copyright Infringement; YouTube Sues Copyright Troll for Extortion; US Govt Supports Led Zepplin in Infringement Case; Pakistan Bans Sale of Indian Film CDs; CBS and Viacom Merge to Form ViacomCBS; YouTube Updates Policy to Protect Content Creators from False Copyright Claims; Porsche Taycan to Stream Apple Music directly into the car; Government e-Marketplace (GeM) to be Restructured as e-Commerce Platform; Fintech Firm Suvidhaa to Enter E-Commerce Market; Bytedance Remodels Smartisan’s e-Commerce Platform and more. NATIONAL NEWS Delhi HC Issues Order...

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Is it Legal to Reverse Engineer the Engineered?

This image depicts the word Engineer written in the reverse way. This image is relevant as the issue here is whether is it legal to reverse engineer the engineered. Click on the image for more information

This post was first published on September 24, 2014.

 

Shoppers would agree with me when I say that while purchasing something, I need to feel a connect with it. Once I have found that connection, a feeling of possession sets in and I know that the article, which until recently was only lying in a shop somewhere, is now mine. This feeling of possession of an inanimate article may lead us to believe that anything can be done to it, which would legally be termed as personal property rights. These include the right to take the product apart, measure it, subject it to testing and so on. A question now arises – Can we Reverse Engineer and use something that has been engineered by someone else?

The controversy between Atari and Nintendo lays down most of the pre-Digital Millennium Copyright Act framework for the legal analysis of Reverse Engineering. In the late 1980s, the 8-bit Nintendo Entertainment System (NES) was a major player in the video games market. The security mechanism on the NES, called 10-NES, prevented games from running on the system unless they contained a special chip and software. This security mechanism was used by Nintendo to push game developers into licensing contracts.

Court Gives ‘Mission Mangal’ the Green Signal, Copyright Infringement Suits against P&G and Lady Gaga, Amazon to Acquire Stake in Future Retail, and more

Copyright and Entertainment Laws News

‘Mission Mangal’ Gets Green Signal from Bombay High Court, Modi Government Plans to Ask YouTube to Pull Down Trailer of ‘Lynch Nation’, Upcoming Bollywood Release Batla House Faces Legal Trouble, RIAA Finds Widespread Infringement Through Online Retailers, Composer Sues P&G for Use of Whistle Tune in Old Spice Ads, Singer Accuses Lady Gaga of Copying Award-Winning Hit 'Shallow', Columbia University Sues for Ownership of Encyclopedia Iranica, Bundesliga and Athletia Partner Up to Tackle Piracy, Amazon to Acquire Stake in Future Retail, Alibaba Aims to Acquire NetEase’s E-Commerce Arm Kaola, Amazon Launches Marketplace Appstore for Sellers, and more. NATIONAL NEWS ‘Mission Mangal’ Gets...

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