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Media and Entertainment Law

BananaIP Counsels > Media and Entertainment Law (Page 5)

Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part III

This Image depicts a seedling is being protected by two hands on it This Image is relevant as the article deals with the Copyrights and protection of ideas. Click on this Image for more Information.

This post was first published on 29th July, 2014.   In continuation to our previous discussion on how to protect ideas in the entertainment industry, the upcoming posts in the series will discuss landmark cases and analyse how Courts consider Breach of Confidentiality claims. Previous posts in the series may be accessed here and here. The first of these cases is Zee Telefilms Limited and Another vs. Sundial Communications Private Limited and Others: This suit was brought by the Plaintiffs alleging Breach of Confidence in the original concept developed by the Plaintiffs and the misuse of confidential information. The Plaintiff's was a company engaged in the business of...

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Statutory Licenses for Broadcasting – Part V: Notes on Copyright Amendment, 2012

The image has a sheet of paper with text stating "Copyright License Agreement". The post contains notes relevant to Copyright Amendment Act 2012. Click on image to view post.

This post was first published on 28th June, 2014.   The 2012 Copyright Amendment codified Statutory Licenses for radio broadcasting and has added television broadcasting to be within the scope of the license. Section 31D deals with statutory licenses for broadcasting. It reads as follows: "31D. Statutory licence for broadcasting of literary and musical works and sound recording. (1) Any broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so subject to the provisions of this section. (2) The broadcasting organisation...

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Idea Expression Dichotomy

The image depicts a quill dipped in ink bottle. The post is about expression of ideas. Click on image to view post.

This post was first published on January 22, 2011. 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...

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Licensing Copyrights in India

The image has the copyright symbol with the text next to it. The post is about licenses. Click on image to view post.

This post was first published on 27th June, 2014.   The owner of the copyrights of any work may grant a license under the Copyright law to authorize a third party to use and distribute the copyrighted work. A copyright license may be exclusive or nonexclusive. The term Exclusive License is defined in section 2(j) of the Copyright Act to mean and include a license which confers on the licensee and the persons authorized by him, to the exclusion of all other persons, any right comprised in the copyright of a work. Although assignments and licenses are both contracts involved with the transfer of rights for...

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Version Recordings & Cover Versions – Part IV: Notes on Copyright Amendment, 2012

The image has a sheet of paper with text stating "Copyright License Agreement". The post contains notes relevant to Copyright Amendment Act 2012. Click on image to view post.

This post was first published on 27th June, 2014.   The Copyright Amendment of 2012 moved the provisions with respect to cover versions of sound recordings out of fair dealing provisions under Section 52, into a specific statutory license provision. Making version recordings, re-recording of prior sound recordings, was earlier permitted under the Copyright Law, but codifying it as a statutory license provision formalizes the said activity in many ways. Furthermore, Section 31C, which deals with statutory licenses for cover versions clearly spells out specific conditions and limitations for making version recordings. The Section reads as follows: "31C. Statutory licence for cover versions. (1) Any...

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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.

This post was first published on 17th May, 2014.   "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...

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YouTube Improves its Manual Copyright Claims System, Netflix Launches a New Mobile Plan in India, Reliance Introduces its E-Commerce Platform and more.

  Telugu Remake of Band Baaja Baaraat Restricted from Being Released in Any Format; India Inc. Loses 12.8 Cr. to Data Breach; YouTube Improves its Manual Copyright Claims System; New Zealand Contemplates Amendments in its Copyright Law; The Copyright Alternative in Small-Claims Enforcement Act (CASE) to be Passed in the US; Plex-The New Custom Streaming Service; Netflix Launches a New Mobile Plan in India; Google Launches its Shopping Platform in the US; Alibaba Supports SME’s in the US to Connect Globally; Reliance Introduces its E-Commerce Platform and more. NATIONAL Telegu Remake of Band Baaja Baaraat Restricted from Being Released in Any Format Yash...

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Copyright Assignment & Licenses – Part II

The image has a huge copyright sign at the center of it. The post is about copyright assignment. Click on image to view post.

This post was first published on 26th June, 2014.   This post is in continuation of my earlier post regarding the meaning and principles behind copyright assignments in India. In this post, we will be specifically addressing the factors that should be taken into account while preparing an Assignment Deed and License Agreement. Section 19 of the Copyright Act, 1957 as amended in 2012, lists certain exhaustive factors that should be taken into consideration by the parties involved, while preparing an Assignment Deed. An analysis of the factors provided in Section 19 and relevant case laws may be summarized as follows: a) Although assignments and...

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Personality Rights in India – Part II

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.

This post was first published on 26th June, 2014.   Justification for Publicity Rights is based on the Lockean Labor Theory, which essentially says that the fruits of one’s labor are one’s own. Therefore, Publicity Rights permit the exploitation of one’s persona by oneself. Unauthorized use of a person’s identity, including the person’s name, voice, image and likeness for commercial gain may give rise to a successful cause of action against the infringing party. Since Publicity Rights are one of the two parts of Personality Rights, let us now look at the relevant law for the protection of Personality Rights: 1. The Apex Court of...

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Fair Use vs. Copyright Infringement

The image has multiple copyright symbols in different colours. The post discusses some cases on fair use exception. Click on image to read post.

  This post was first published on 1st September 2014.   1. Cariou vs. Prince Photograph: Patrick Cariou - 2000; Adaptation: Richard Prince – 2008(both via artnet)  Richard Prince, the well-known appropriation artist - one who transforms the work of others to create new meaning in his work was sued by Patrick Cariou, a lesser-known photographer when Prince used several of Cariou’s photographs in a series of collages that were sold for tens of millions of dollars. Richard Prince, for an exhibition in the Gagosian Gallery, appropriated 41 images from a photography book by French photographer Patrick Cariou. Prince claimed Fair Use for the creation of his...

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