28 April 2019

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India and Right of Publicity

in Intellectual Property, Media and Entertainment Law

This post was first published on November 13th, 2011. “Right of Publicity” is a common reference to "Personality rights". It is a right of an individual to control the commercial use of his or her name, image, likeness or identity. It is generally considered a property right as opposed to a personal right. In most of the countries, the Right of Publicity is recognized under statutes. According to John Lock, “the economic value of identity should be allocated to the celebrity individual because the value is primarily the result of the celebrity’s labor”. The unjust enrichment consideration theory treats misappropriation of identity...

28 April 2019

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Online Piracy: A Convenient Crime

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

The image has a "STOP" written in it to depict anti-piracy intentions. The post is about a US District Court decision which stopped a popular download website that was infringing copyright. Click on image to view post.

This post was first published on March 8th, 2012. Recently a US District Court ordered shut down of the popular file-sharing site www.megaupload.com after the US government accused the site of pocketing more than $175 million by sharing pirated films, books, music and software files. Kim Dotcom, the founder of the site was arrested in New Zealand and his Auckland mansion with a fleet of luxury cars was put on display. The US Government has alleged that the estimated loss to copyright owners and publishers accounts for more than $500 million. It is a startling fact that a single website could generate...

26 April 2019

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Weekly Copyright News: Madras HC Lifts TikTok Ban, Complaint Against ‘Mental Hai Kya’, and more

Posted by BananaIP Reporter

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

Madras High Court Lifts Ban on TikTok App; Indian Psychiatric Society Files Complaint Against 'Mental Hai Kya'; Piracy Lead to Increase in My Fan Base in China: Aamir Khan; Kalank Leaked on Tamilrockers Soon After Release; US Court: Site Owner Not Vicariously Liable for Developer’s Infringement; Photographer Sues McGarryBowen and Clorox for Copyright Infringement; MTVA to Sue Dutch Political Party for Copyright Infringement; EFF Intervenes in Stream-Ripping Court Battle; Game of Thrones Episode Leaked and Viewed 55 Million Times in 24 Hours Before Release; Bumblebee Movie Helps Boost Hasbro; ‘Spiderman: Far From Home’ Collaborates with Doritos for Worldwide Promotions; Eros...

19 April 2019

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Weekly Copyright News: 30 Torrent Sites Blocked, Notices to Makers of Tashkent Files and Dabangg 3, Avengers Playmoji, and more

Posted by BananaIP Reporter

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

Delhi High Court Restrains 30 Torrent Sites from Uploading Copyright Content; ‘Tashkent Files’ Maker Gets Legal Notice; Archaeological Society Sends Notice to Dabangg 3 Makers; Tweet Reporting DMCA Takedown Mishandling Gets Take Down Notice, Starz Apologises ; US Court: Wilful Action Required for Copyright Violation; Amazon to Launch Ad-Supported Music Streaming Service to Rival Spotify; Google Collaborates with Marvel Studios to Bring Avengers Endgame Playmoji on Pixel 3; CD Baby Partners with Audible Magic to Spot Copyright Infringement, and more. Copyright Quote I think that the use of copyright is going to change dramatically. Part of it is economics. There is just...

12 April 2019

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Weekly Copyright News: EC Issues Notices to TV Channels, Stalls Modi Biopic; Twitter Removes Trump Tweet; GoT Final Season Merchandise, and more

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law, Publicity Rights/ Celebrity Rights, Social Media Law

Filmmakers Issue Notice to Sunil Shetty for Interfering in Daughter Athiya’s Film, PVR Approaches SEBI against Screwvala Tweets, EC Issues Notice to Zee TV and &TV for Promoting Govt Schemes, EC Stalls Release of Modi Biopic, Twitter Removes Trump’s Video Citing Copyright Infringement, Rappers TeeFlii and 2 Chainz Face Copyright Infringement Charges, Reddit to Mass Delete Content from Piracy Thread, Vodafone Ireland to Follow ‘Three-Strike’ Policy for Infringers of Copyright, Viacom’s Pluto TV Scores 700 Hours of Content in Latest Deal with BBC Studios, Amazon Looks to Expand Latest Video Streaming Product, Cinepolis Hosts India’s First Movie Marathon, Game of...

05 April 2019

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Weekly Copyright News: Election Commission Clears ‘PM Narendra Modi’ Biopic, Ban on TikTok App in India and more

Posted by BananaIP Reporter

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

Election Commission Clears 'PM Narendra Modi' Biopic, Directs CBFC to Decide, High Court Rejects PIL Seeking Ban on PM Narendra Modi’s Biopic, Madras HC Asks Centre to Issue Ban on TikTok App, Lucifer Leaked Online Soon After Release, Twitter Accused of Censorship After Takedown of Anti-Abortion Movie Account, Mercedes Strongly Defends Street Art Infringement Claims, Ulta Sued Using Artist’s Work to Sell Face Masks, Urban Outfitters Faces Copyright Infringement Claim Over Gender-Neutral Fragrances, Game of Thrones Creators Ink Licensing Deal with Whiskey Company,Sony Sells Stake in Crackle and Invests in Chicken Soup for the Soul Entertainment and more COPYRIGHT QUOTE The copy...

29 March 2019

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Weekly Copyright News: EC Notice to Makers of Modi Film, EU Approves Copyright Directive, Nike Wins ‘Jumpman’ Suit, AI Music, and more

Posted by BananaIP Reporter

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

EC Issues Notice to Makers of film ‘PM Narendra Modi’, Kesari Leaked Online One Day After Release, PUBG Mobile Users Receive ‘Healthy Reminder’, EU Approves New Copyright Rules, Peloton Removes Workout Videos as USD 150 Million Suit Looms, PUBG and NETEASE Settle “Battle Royale” Copyright Lawsuit, Nike Wins 'Jumpman' Copyright Infringement Suit, Record Labels Sue Charter for Non-Action Against Music Pirates, Spotify Acquires Parcast to Expand Original Podcast Content , Warner Music Signs Deal for AI-produced Music, and more. Copyright Quote I oppose piracy and want to see intellectual property protected because that is what fosters and rewards innovation. – Jared Polis National News EC...

22 March 2019

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Weekly Copyright News: ‘Bala’ Infringement Suit, No Political Ads at IPL, IPRS License to YouTube, and more

Posted by BananaIP Reporter

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

Director Files A Suit Against Makers of ‘Bala’, Delhi Health Director Asks Centre to Restrict Tobacco Ads at Filmfare, No Political Ads During IPL 2019, Music Publishers Sue Peloton, Universal Music Wins ‘Generic Lyric’ Copyright Infringement Suit, Court Dismisses $4 Million Award Against Zillow , RNC Fends Off Copyright Infringement Claim Filed by Montana Photographer, Discovery India Partners with Dailyhunt for Short-form Content, Google Obtains IPRS License for YouTube, Facebook Signs Music Deals with T-Series, Zee and YRF , Hotstar Gets IPL Broadcast Rights in UK , Angry Birds Maker Rovio Overhauls Merchandise Licensing, and more. Copyright Quote “Every film must be...

15 March 2019

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Weekly Copyright News: T-Series Gets Infringement Notice, ‘#MeToo’ Filmmaker Challenges CBFC, GTA V Infringer Settles, and more

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law, Publicity Rights, Publicity Rights/ Celebrity Rights, Social Media Law, Sports Law

Filmmaker Sends Notice to T-Series for Khandaani Shafakhana; '#MeToo' Filmmaker Challenges CBFC Order to Change Movie Name; MEITy Clarifies TOI Headline Threatening Twitter; GTA V Copyright Infringer Agrees to Settlement; Marc Jacobs Requests Dismissal of Nirvana’s Smiley Face Logo Lawsuit; VidAngel Liable for Wilful Copyright Infringement; Artists Temporarily Drop ‘Fortnite’ Charges after SCOTUS Ruling; Netflix Dives into Anime Craze with Numerous Japanese Studio Partnerships; Citizen Watches Collaborates with Captain Marvel, Sponsors World Premiere; Disney And Accenture Create Unique ‘Dumbo’ Posters; Dailymotion Collaborates with NBA G League to Provide Premium Sports Content, Copyright Tip of the Week, and more. Copyright Quote Of all...

11 March 2019

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Hiding in plain sight: Is Spotify in the ‘business of issuing or granting licenses’?

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

Spotify, the Swedish audio streaming service recently launched in India. The service, offering both ad-supported as well as paid premium subscriptions has already acquired one million users in the first week of its launch and by the looks of it will continue to gain users. Besides the seemingly overnight popularity the service has also been in the news for its ongoing legal battle with Warner Music Group. However, that will not be the focus of this post. In this post we will look at Spotify’s content licensing business in the light of Section 33 of the Copyright Act 1957 (as...

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