27 November 2018

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Copyright: Public Domain in Copyright Regime: Facilitating Right to Know

This post was first published on March 16, 2010. Contributed by Professor Madabhushi Sridhar The interface between the right to know and limited monopoly over creative expressions to the authentic owner represent conflicts of interests. Proprietorial concerns on one hand and the social interests on the other need to be reconciled in almost every area where individual rights conflict with social concerns. If the copyright is considered as an extension of the right of speech and expression, it contradicts another fundamental right, i.e., right to know which was read into right to life under article 21. Recently the right to education, in...

27 November 2018

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Copyright: Copyright Limitations on Media Freedom

Posted by BananaIP Reporter

in Copyrights, Media and Entertainment Law

This post was first published on March 12, 2010. Contributed by Professor Sridhar Madabhushi The newspaper you read this morning, the TV channel you watched this evening, the movie you saw last week, the computer software you use to write a letter, the music you listen to in your system, they are all copyrighted. There is a paradigm shift from viewing copyright as a monopoly that the public is willing to tolerate in order to encourage innovation and creation of news works to viewing copyright as a significant asset to country’s economy[1]. Nothing can be more properly described as a man’s property...

19 November 2018

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Weekly Copyright News: Publication of Bare Acts Not Infringement, Cinematograph Act Amendments, No Copyright For Taste, and More

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law, Publicity Rights, Publicity Rights/ Celebrity Rights

Copyright Quote “Is settling with the pirate a new option to manage/control large-scale copyright infringement? Isn’t joining hands with pirates the wrong precedent?” Dr. Kalyan C Kankanala Copyright Statistics There is a decrease of 62% in the total number of copyright applications filed last week as compared to the previous week. A total of 146 applications were filed for copyright registration during the last week. The majority of applications were filed for literary works and artistic works. S. No Type of Work Number of Applications filed in the Previous Week (29th October 2018 to 04th November, 2018) Number of Applications filed in the Recent Week (05th November 2018 to 11th November,...

13 November 2018

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Circumventing Around Anti-circumvention Law

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

This post was first published on May 6, 2010. Copyright law protects works of authorship by granting a bundle of rights. The rights of an author with respect to a work extend to the expression of the work in any manner including in digital or electronic form. Though works in digital form provide great advantages to the copyright owner by reducing the cost and effort of reproduction and distribution, safeguarding unauthorized copying and transfer of the work is very challenging. In order to avoid use of works by a third party without permission, most copyright owners use technological measures such as encryption,...

09 November 2018

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

Posted by BananaIP Reporter

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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Weekly Copyright News: 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...

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