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Media and Entertainment Law

BananaIP Counsels > Media and Entertainment Law (Page 22)

‘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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Court Limits the Scope of ‘Fair Dealing’ under Copyright law

The Delhi High Court, in a recent decision, has held that usage of copyrighted works in television programmes such as an interview with the artist does not amount to fair dealing. Indian domestic television Channel India TV was sued by Super Cassettes and Yash Raj Films in two separate suits for infringing their copyrights. The two suits were clubbed since the defendant was the same and the cause of actions were substantially similar. India TV used certain songs and movie clips belonging to the plaintiffs in some of its television programmes and broadcasted the same at multiple occasions without any...

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Indian Performing Rights Society v. Eastern Indian Motion Pictures Ltd.

Citation AIR1977 SC1443, (1977)2 SCC820, [1977]3 SCR206 Facts: This is a dispute that broke out in a matter involving rights over Indian literary and music works for which the copyright subsides in India. Parties to the dispute where the Indian performing right society and the cinematograph exhibitors association of India. IPRS incorporated on 23/08/1969 in the state of Maharashtra governed by copyright Act 1957 has the authority for issuing licenses for performance in public of all existing future Indian literary and musical works for which the copyright subsides in India and is a company limited by guarantee for the purpose of granting license...

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The Impact of Parallel Import of Copyright on Publishers in India in Light of Copyright Amendment Bill, 2010

Parallel Imports occurs when authentic products are imported cheaply, without the consent of the producer who has a Trade mark, Copyright, Patent or other intellectual property right in these products, with the aim to compete with the producer’s own products, which he himself had originally marketed abroad at a lower price. This amendment aims to foster enhanced competition amongst distributors and thereby enable Indian consumers and students to access a wider range of books at lower prices in a timely manner. Thus while parallel importers (local resellers) are sourcing legitimate genuine product from overseas, they are bypassing the authorized supply...

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Idea Expression Dichotomy

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We all love reading. Fiction, Non- fiction, Self Help, Post Modern Literature,  Verse, and Limericks -our tastes vary. It’s a point to be noted that the authors of the books we love reading so much write exercising the faculties of their brains, ideas stemming from their brains and then expressing it in words, putting it in paper. Therefore, it’s very important that the authors have full right over their creation. But, many ideas arise from something that is already present and in the case of literary works what needs to be checked in, if the expression of the idea is...

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