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Media and Entertainment Law

BananaIP Counsels > Media and Entertainment Law (Page 6)

Reverse Engineering is Legitimated by Reason: Sega v. Accolade

This image depicts two person trying to put the puzzle together. This image is relevant as it was decided in the case of Sega vs Accolade that Reverse Engineering is limited by Reason. Click on the image for more information

This post was first published on 11th November, 2014.   In one of our recent posts on reverse engineering, we discussed fair use for intermediate copying. Today, we will look into another landmark case that legitimizes copying based on a justifiable reason! In Sega v. Accolade, Accolade used a two-step process to create video games compatible with the Sega Genesis game console. The first step was to reverse engineer the system and create a development manual. Accolade purchased a Genesis video game console and three game cartridges. Then the system was wired up so that the data moving between the cartridge and the console during game...

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Batmobile – Supercar or Character?

This image depicts Batman standing on the batmobile.

This post was published on 18th March, 2014.   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...

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A Peek into the Central Board for Film Certification

The image depicts a sign "Restricted -18 years and above"

This post was first published on 2nd September, 2014.   What is the Central Board of Film Certification (CBFC)? The Central Board of Film Certification (CBFC) is a statutory body under the Ministry of Information and Broadcasting, regulating public exhibition of films under the provisions of the Cinematograph Act, 1952. Films can be publicly exhibited in India only after they have been certified by the CBFC. What is its constitution? The Board consists of non-official members and a Chairman (all of whom are appointed by the Central Government) and functions with its headquarters at Mumbai. Leela Samson is the present Chairman of the CFBC. It has...

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Intellectual Property Protection for Computer Programs – Part II

The image has green lines over black background to indicate digital information. The image is relevant as the post is about IP protection of Computer Programs. Click on image to view post.

This post was first published on 1st September, 2014.   In continuation to the previous post in the series, we shall now be looking into the system of IP protection for computer programs that existed prior to the adoption of Copyright and Patent Laws. Though it can be said that Copyright and Patent Laws are the more popular systems of IP protection for computer programs, it was Trade Secret Law that was initially resorted to for the protection of software, primarily because, previously, computer programs bundled with systems, were not sold through retail channels of distribution. Manufacturers could protect their technology through contractual agreements and Trade Secrets....

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Mind your L’s and M’s: Licensing & Merchandising – Part 1

This Image depicts the images of various Merchandized Products. This Image is relevant as the article deals with the Licensing and Merchandizing in Entertainment and Sports Sector. Click on this Image for more Information.

This post was first published on 2nd September, 2014.   Merchandising is an extension of a brand into new categories. Any merchandise is created by securing license of different Intellectual Properties such as themes, images, songs or dialogues of a film, characters etc. It is in the past decade that Movie Merchandise and Character Merchandise has gained popularity in India. According to the industry reports, global licensing & merchandising is a huge business with its top 125 licensors accounting for sales amounting to more than US$ 184 billion. Disney is the largest global player and has generated sales of US$ 28.6 billion in...

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India’s Copyright Societies & Collective Rights Management – Part VI

This Image depicts the Word Art of 'Copyright'.This Image is relevant as the article deals with the Bombay High Court's Clarification on grey areas in Copyright Amendments Act,2012. Click on this Image for more Information.

This post was first published on 4th August, 2014.   The primary purpose of a Copyright Society, also referred to as a Copyright Collective, is Collective Rights Management. A typical society acts as a middle man between authors/owners of copyrighted works and the Licensees of such works. Simply put, authors transfer all or some of their rights to the society and the society, in turn, licenses those rights, collects royalty and distributes the royalty among authors. The society also collects an administrative, management or facilitation fee for this activity. Such fee is normally in the range of 10-15% of the license fee. Collective...

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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.

This post was first published on 23rd June, 2014.   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...

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Gawker Media Sued By Dr. Phil; U.S. ‘Six-Strikes’ Policy Company loses its Status; and more

Copyright and Entertainment Laws News

This post was first published on 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...

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Pop King’s Patent – The Lean Against Gravity

This post was first published on 23rd March, 2011. Michael Jackson will always be remembered as the King of pop and will always remain the greatest entertainer of all time. He thrilled everybody with his superb innovative dancing skills and inspired people to innovate their own unique style. He rollicked with his Moonwalk in Smooth Criminal. The moonwalk was earlier known as backslide, but it was Michael Jackson who made it famous after performing it in his song “Billie Jean”. People started considering him a superstar even before his first mega hit “Thriller” was released in 1982. He was honoured by...

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Bombay High Court Rules that CBFC has no ‘Intellectual Morality’,US Copyright Office forms a Mechanical Rights Society,Rapper Sues Insurance Company over Copyright Infringement Lawsuit, and more

Copyright and Entertainment Laws News

  Bombay High Court Rules that CBFC has no ‘Intellectual Morality’; Upcoming Film “Roohi Afza” Averts Copyright Infringement; Copyright Infringement Lawsuit filed against the film ‘Mission Mangal’; Rapper Sues Insurance Company over Copyright Infringement Lawsuit; US Copyright Office forms a Mechanical Rights Society; Huawei continues to remain on US Export Blacklist; Restrictions on Sale by E-Commerce Platforms; Etsy asks Sellers to include Shipping Price in their Items; E-Commerce Policies in India under Budget 2019, and more. NATIONAL NEWS Bombay High Court Rules that CBFC has no ‘Intellectual Morality’ The Censor Board of Film Certification (CBFC) received flak from the Bombay High Court after...

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