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Media and Entertainment Law

BananaIP Counsels > Media and Entertainment Law (Page 22)



  SCENARIO IN THE UNITED STATES REGARDING PROTECTION OF MOVIE TITLE The interests of the American motion picture, television industries and home videos are safeguarded by the Motion Picture Association of America (MPAA). Since its inception in 1922, it has been playing an important part in protecting the commercial interest of the movie makers both in the US and internationally. Registering a film title with the United States Patents and Trademark Office (USPTO) is available with respect to movie titles; however, the protection granted is not absolute. The fundamental requirement of the USPTO with regard to registration of titles as trademarks requires that...

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Apart from applying for registration of a movie title under the Indian Trademarks Act, there are a number of industry associations to which the film makers look up to regarding protection of their film titles. Indian Motion Picture Producers' Association (IMPPA), Association of Motion Pictures and Television Program Producers (AMPTPP) and Film and Television Producers' Guild of India, Film Writers' Association and Western India Film Producers Association (WIFPA) are the associations that play a big role in protecting the commercial interest of movies. Producers and writers of movies can apply to be members of these associations which enable them to...

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Censoring The Intelligent Film Spectator


The recent Udta Punjab, Jolly LLB, Lipstick under my Burkah and Ka Bodyscapes decisions of the Central Board of Film Certification ("Censor Board") have raised questions and spurred debates about the   need for censorship by prior restraint in India. Judicial Review of some of the Censor Board's decisions, and their close to complete reversal by Courts highlights the subjectivity in the certification system, and one cannot help wondering if the circumstances under which the Cinematograph  Act, the  legislation that  brought prior restraint of films into effect , continue to prevail in today's social context. When the Constitutional validity of the...

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Sound Recording, Literary & Musical Works and Right to Royalty

The featured image shows a mic in a sound recording studio. To read more about this, click here. Entertainment Law and Copyrights: Sound Recording, Literary & Musical Works and Right to Royalty – Part 3

  Continued from Part 2, read part by clicking here. Music Broadcast Private Limited v. Indian Performing Right Society Limited, SUIT NO. 2401 OF 2006 Facts of the case The Plaintiff (Music Broadcast Private Limited) engaged in business of establishing, operating and maintaining FM Radio broadcasting stations in various cities of India sought a declaration that the Defendant (IPRS) is not entitled to demand or recover royalty and/or license fee in respect of broadcast of sound recordings at its FM Radio Stations. Further the Plaintiff sought a permanent injunction restraining the Defendant from demanding or claiming or making any claim in respect of or...

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Ilayaraja v. S.P. Balasubramanyam

The featured image is the photograph of singer S.P. Balasubramaniam. To read this post of the Ilayaraja and SPB copyright case, click here.

  Ilayaraja's copyright notice to S.P. Balasubramanyam asking the singer to pay royalties for performance of his musical compositions in USA has provoked debates, arguments and discussions on various fronts. To the question, does S.P Balasubramanyam need a license to perform his own works (songs he sang and recorded for films)? ; The answer is a simple and straight forward – Yes! S.P Balasubramanyam has to take two licenses for each song he wishes to perform - one for the lyrics, and one for the musical composition. For several years, music composers and record labels in India turned a blind eye...

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Film Expression and Censorship in India: Intelligent, Informed Spectator standard (Part 5)

The featured image shows a parental advisory label. The image reads "Parental Advisory, explicit content". To read the post, click here.

  Continued from Part 4, read part 4 by clicking here. Any concerns with respect to the content of films after certification may be addressed using the well accepted contemporary social standards test.[12] In other words, a film's contents must be assessed based on today's social context, norms and standards. The test must therefore assess a film from the stand point of today's spectator, and not a spectator of the last century. Intelligent, Informed Spectator The contemporary spectator, whose disposition is fast changing is an Intelligent, Informed Spectator with a Circumspect Mind. Unlike earlier, she/he is not an Innocent Spectator with a Gullible Mind, who...

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Review Committee Reports, Benegal Committee report, Mudgal Committee report, Censorship Model (Part 4)

The featured image reads "Government censorship protecting you from reality". To read what this is about, click here

  Continued from Part 3, read part 3 by clicking here.   Review Committee Reports The Benegal Committee and the Mudgal Committee constituted in 2016 and 2013 were tasked with the job of making recommendations for the process of film certification in India, Uniform, Non-Discriminatory and Non-Discretionary among others.[11] Though both the reports agree that the existing system of film certification is fraught with subjectivity, they diverge in their recommendations for making it objective. While the Mudgal Committee, in line with its mandate, recommends making the certification mechanism objective and transparent by amendments to principles and changes in the process, the Benegal Committee recommends  a...

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Film Expression and Censorship in India: Udta Punjab and Lipstick under my Burkah (Part 3)

Continued from Part 2, read part 2 by clicking here. Select Censorship Cases Religion, Women, Drugs, Decency, public order, Sovereignty and Integrity, all form the basis for CBFC's decision with respect to Udta Punjab, Had Anhad and Lipstick under the Burkah films. The disputes and controversies around the said films reflect the subjectivity inherent in CBFC's assessment and judgment. The fact that the Courts reversed all excisions made by the CBFC in two of the cases leads one to conclude that the decision making process of CBFC may not only be subjective, but also arbitrary. Udta Punjab Case[8] Written and directed by Abhishek Chaubey,...

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Film Expression and Censorship in India: Film Certification Principles, CBFC Guidelines and Principles (Part 2)

The featured image reads "The worst thing about censorship is (the text after this line is blocked with a black tape". This image very aptly indicates censorship. To read more click here.

Continued from Part 1, read part 1 by clicking here. Film Certification Principles The guidelines issued by the Central Government under the Act and the principles therein guide the CBFC in forming opinions and making decisions with respect to certification.[7]  The Guidelines expound the permissible restrictions under the constitution and the provisions of the Act. They broadly capture the principles based on which prior restraint may be imposed on films submitted for certification. Guidelines and Principles The CBFC will not give a certificate for public  exhibition of the film or a part if it: is against the interests of the sovereignty and integrity of India; ...

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Film Expression and Censorship in India: An Introduction (Part 1)

The featured image reads "The worst thing about censorship is (the text after this line is blocked with a black tape". This image very aptly indicates censorship. To read more click here.

  Expression in the form of films is unique and special in many ways. Films merge life-like moving pictures, sounds, and other effects to tell a story, or send a message unlike any other form of expression. When the film is shown to a captive audience in a closed, dark environment, with the aid of advanced technology, its impact is heightened substantially. It is believed that one does not experience the same euphoria, emotion and engagement if the same film is seen on a television or computer at home. The impact of the film is therefore presumed to be higher when...

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