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Statutory Licensing for Broadcasting Organisations

  The objective of non–voluntary licensing is two-fold. First, to overcome the difficulty of locating the correct owner of the copyrighted work and getting an individual license from him and second is to avoid the creation of monopoly of copyright owners. The result the state looks at achieving from this provision is ensuring public dissemination and authors' compensation and avoiding market monopoly. The Copyright (Amendment) Act, 2012 has incorporated a new section into Chapter VI of the Copyright Act, which…
November 16, 2015 Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 604Views 0Like
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Essential Clauses of a Digital License Agreement

  With the development and widespread use of internet and digital networks, we are now witnessing a revolution as to how copyrighted contents are acquired, displayed and disseminated. In the pre-internet days, there were limited options for distribution and exhibition of copyrighted contents. For example, the distribution of cinematographic films was limited to cinema halls and video cassettes. The internet revolution has opened several doors for content owners by creating new modes and formats of exploitation. Licensing out, creative contents like…
November 16, 2015 Intellectual Property, Media and Entertainment Law 0Comment 1366Views 0Like
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Intellepedia - IP News Updates

Social Media and Intellectual Property (Part VI): Select Copyright Cases

This post briefs three copyright cases that provide insights into copyright issues with respect to content posted on Social Media platforms. Scrabble v. Scrabulous In 2008, two Indians Rajat and Jayant Agarwalla, launched a Facebook App called 'Scrabulous.' It was a word game similar to Scrabble. Initially Mattel, and later Hasbrow, right holders of the Scrabble game sued the Agarwalla brothers for both copyright and trade mark infringement at the Delhi High Court. After reviewing the facts, the Delhi High…
November 16, 2015 Intellectual Property, Media and Entertainment Law, Publicity Rights/ Celebrity Rights, Social Media Law, Trade Secrets, Trademarks 0Comment 860Views 0Like
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Social Media and Intellectual Property (IP): Part I- Protection and Ownership

Social Media comes with a bundle of tools that differentiate it from traditional print and electronic media. Among others, two unique elements of Social Media are: Tools for sharing and dissemination of content and information across the world; and tools to communicate and exchange information. These two elements make Social Media a much more powerful weapon than traditional media. Access to most social media platforms requires internet, of which there is no dearth in today's context. It is estimated that…
November 11, 2015 Copyrights, Intellectual Property, Media and Entertainment Law, Patents, Social Media Law, Trade Secrets 0Comment 2431Views 0Like
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Even death won’t do us apart

There are celebrities, and then there are icons. And one name that probably tops the list of icons is Marilyn Monroe. The blonde actress never ceased to be out of the headlines when she was alive, and even when she is no more, her estate is fighting tooth and nail to keep her memory alive. However, the route taken to do so is not particularly agreeable, to say the least. Monroe’s estate has been fiercely litigious and has gained notoriety…
November 9, 2015 Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law, Publicity Rights/ Celebrity Rights 0Comment 682Views 0Like
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Movie making – A tale of woes.

  “We don’t make movies to make money; we make money to make more movies.” - Walt Disney   Movie Producers or Movie Production houses are often referred to as money making machines, but where there are riches; there are also a multitude of woes. In this post, we speak about some of the legal challenges that movie producers often face. Keeping in mind that it is always easier to list the problems than to find the solutions to them, we have jotted…
November 9, 2015 Intellectual Property, Media and Entertainment Law 0Comment 472Views 0Like
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Essential Agreements for every Movie Producer

Production of a Cinematographic film demands a lot of time and resources. Since, all of the financial resources are invested by the Producer, copyright law has recognized the Producer as the author of the cinematographic film, even though a cinematographic film is an amalgamation of several works that are entitled for independent copyright protection. The fact that a cinematographic film is created by the combination of several independently copyrightable works,  makes it all the more important for a Producer to…
November 9, 2015 Intellectual Property, Media and Entertainment Law 0Comment 1000Views 0Like
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Intellepedia - IP News Updates

Dispute Resolution in the Entertainment Industry PPT by Sharada Kalamadi at GNLU

This presentation was delivered by Ms. Sharada Kalamadi at GNLU as a part of the entertainment law course offered to LLB and LLM students. The presentation covers: Subject matter of disputes in the entertainment industry Fair Dealing/Fair Use Section 52, Copyright Act, 1957 Concept of Fair Use Fair use defense Copyright infringement "Abstraction-filtration-comparison” test. Quantitative & Qualitative Test Extrinsic- Intrinsic Test Kroff Test R.G. Anand vs M/S. Delux Films…
October 14, 2015 Media and Entertainment Law 0Comment 505Views 0Like
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Intellepedia - IP News Updates

Contracts in the Entertainment Industry

  This presentation was delivered by Ms. Sharada Kalamadi at GNLU as a part of the entertainment law course offered to LLB and LLM students. The presentation covers: Film related Agreements Artists Agreements Author Agreements Rights and obligations of parties Future Formats Usage of third party IP/In film branding Licensing Types of Licenses Ms. Kalamadi used various industry examples, cases, multi-media  to give insights into various facets of Contracts in the Entertainment Industry.…
October 14, 2015 Intellectual Property, Media and Entertainment Law 0Comment 1459Views 0Like
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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

Voices and Celebrity Rights – Furlenco, Amitabh, Arvind, and Arnab

Furlenco is a business that rents furniture, beds, etc. Their website claims quick setup, free home delivery, and affordable furniture. The business has been advertising extensively on radio and other forums. On hearing the advertisement, you cannot help, but associate the voices that form part of the advertisements with personalities like Arvind Kejriwal, Chief Minister of Delhi, Arnab Goswami , renowned news reporter, and Amitabh Bachchan, a leading film star. There is no doubt that these personalities are celebrities in…
October 10, 2015 Intellectual Property, Media and Entertainment Law, Publicity Rights/ Celebrity Rights 0Comment 679Views 0Like
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