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Media and Entertainment Law

BananaIP Counsels > Media and Entertainment Law (Page 21)

Personality Rights in India – Part I

This Image depicts the word art of 'Personality'. This Image is relevant as the article deals with the Persoanlity Rights in India. Click on this Image for more Information.

Intellectual Property (IP) has been continuously evolving. It is now not restricted to just categories like Patents, Trademark, Designs and Copyrights. Judicial activism has widened the scope of IP to cater to new forms of protection, one such addition is “Personality Rights”.

Personality Rights are made up of two kinds of rights: the Right to publicity and the Right to privacy. The Right to publicity which is usually attributed to celebrities or famous people is of great importance to the entertainment and media field. Right to Publicity means the right to control commercial exploitation of one’s successful personality and prevent others from riding on the fame associated with his/her persona. This right stems from the Right to privacy and vests only in individuals who are ‘famous’ or those who might be understood by the public as having a reputation or goodwill that is capable of being commercially exploited. A person’s persona includes his/her name, photograph, signature, voice or any other mark of identity.

For example, in the UK, when Topshop, without Rihanna’s permission, featured a photo of her taken during a video shoot in 2011, she successfully sued Topshop’s parent company Arcadia for $5 million (£3.3 million). Justice Birss, while deciding the matter held that a substantial number of buyers were likely to have been deceived into buying the T-shirt because of false belief that it had been approved by the singer. This proves that the public needs to identify or associate an identity to a person. If such an association cannot be established, the Right of publicity does not come into existence.

Is Reporting Leaked & Copyright-Protected Material Equal to Contributory Infringement?

The image is a picture of Quintin Tarantino. The post is about a copyright claim by him. Click on image to view post.

“No”, says a federal judge in California, dismissing Hollywood’s star director, Quentin Tarantino’s claim against Gawker Media, LLC. Gawker, a magazine on a lookout for juicy news in the entertainment biz, reported the leak of Tarantino’s unpublished work by providing a direct link to the copyright protected “leaked script” for the film, “The Hateful Eight”.

Tarantino, a multiple Oscar winning/nominated writer-director, discovered that his copyright protected script was leaked. Gawker, on its website, reported the leaked Tarantino’s script in an article, the gist of it being that The Hateful Eight was leaked and that Quentin Tarantino had decided to cancel the movie. Soon after, the news of the leaked script spread like wild fire and found itself being part of news articles on various online magazines like The Wrap, which published an article claiming it had “obtained a copy” of the script, the script that was making its way around Hollywood. Interestingly, The Wrap also disclosed a trend that had found its way into Hollywood which could better explain the leaking of the copyright protected script. According to The Wrap, Hollywood assistants were now circulating a link anyone could use to download PDF copies of scripts. Another website, AnonFiles.com, posted a complete copy of the screenplay, and the same was made available later on Scribd.

Batmobile – Supercar or Character?

This image depicts Batman standing on the batmobile.

In a copyright infringement suit between the DC comics (Plaintiff) vs. Mark Towle (Defendant) the United States Court of Appeals for the Ninth Circuit is to decide whether the Batmobile is protectable under copyright laws. Batmobile is a renowned vehicle that the caped crusader a.k.a. Batman uses for fighting crime in the city of Gotham. Known for its aesthetics, aerodynamics, and features such as jet engine afterburner, torpedoes/missile launchers, automatic tire inflator and many more, the Batmobile made its first appearance in 1939 in a comic series called detective comics and was later portrayed in film serials, TV series and...

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An Overview of Music Licensing – Part 1

This Image depicts the word art of Petrucci's Music Company. This Image is relevant as the article deals with the Music Licensing. Click on this Image for more Information.

Music licensing means transfer of exclusive or non – exclusive rights to use a piece of music which sometimes may be a complete song, a snippet of a song or an entire album or an entire repertoire for a set period of time, for a fee. Music licensing deals can take several forms, but generally all deals dictate the presence of a licensing fee, an expiration date of the licensing agreement, and terms specifying where and how the licensee can use the licensed music.

These licenses are taken by various commercial entities such as television broadcasting organisations, radio stations, digital platforms, restaurants, bars, discotheques etc. In the olden days, authors, composers and copyright owners collected performing right royalties as a norm for operas and similar stage works; but for shorter works which were often performed publicly, thousands of times a day, at all sorts of entertainment programs around the world, some special method of tracking had to be devised.

In practice, it would be intolerably troublesome and costly, if not wholly impractical, to obtain permission to perform copyrighted music in public, and of course it would be impossible for most copyright-owners to deal adequately with such requests of permission. In order to resolve this problem, formation of collective management organizations was introduced under the Berne and Rome conventions. Collective Management Organizations, in some jurisdictions, are called Performing Right Societies or Copyright Societies. By now, in most countries, performing societies have been established.

Entertainment Law: IP & Entertainment News Update 20th May, 2013

Gawker media gets sued by Dr. Phil for copyright infringement Dr. Phil sued Gawker media for copyright infringement when a part of his exclusive interview with Ronaiah Tuiasosopo was shown in another show by Gawker media. Claiming to have misappropriated and stolen a part of the show, the aggrieved Peteski productions of Dr. Phil sued Gawker media for infringement. Read More The company that supervises the US 'Six-Strikes' Policy loses its status as a 'Company' The Center for Copyright Information, a company that was established to oversee and supervise the US 'Six-Strikes' policy lost its status as a 'Company' shortly after it failed to...

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‘Fair Use’ – Professors versus Publishers

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In a recent judgment, A U.S. Court ruled in favor of Georgia State University’s professors’ using excerpts of published works for the purpose of education. The case, primarily rules in favor of the professors and the university on the issue of Copyright Infringement. The case involved Georgia State University on the defending side and three major publishing companies namely, Cambridge University Press, Oxford University Press and SAGE publications as the plaintiffs who had collectively filed around 74 copyright infringement claims against the University. The respected Judge through a 350-page order dealt with each claim individually going into absolute details and applied the...

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Entertainment Law – Presentation by Nishant Kewalramani

This presentation covers Copyright Amendment Bill 2011, the importance of registering copyright and provides an insight into copyright infringement in the entertainment industry. Please see the document embedded below for more details.   [slideshare id=35151689&doc=91808878-recent-developments-in-entertainment-law-140526235335-phpapp01]   ...

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