Ola caught in copyright infringement, Coal Ministry accused of Plagiarism, ‘Dancing baby’ Copyright case, Volvo sued for Copyright infringement and more.
Copyright quotes, Indian copyright and entertainment law updates, International copyright and entertainment law updates, licensing and merchandising news brought to you by the Copyright and Entertainment Law Team of BIP Counsels
Copyright quote of the week:
“The copyright bargain is a balance between protection for the artist and the rights for the consumer.”
— Robin Gross
Indian Copyright and Entertainment Law Updates
Ola caught in copyright infringement row
The music company, Lahari Recording, had filed a police complaint against the online cab aggregator, Ola, accusing them of streaming pirated songs through its Ola Play Platform. Lahari accused Ola of downloading and playing songs on Ola Play Platforms in Karnataka, Delhi, Kolkata and Tamil Nadu. Following the complaint, the Bangalore City Police raided Ola offices and seized equipment used for downloading and storing songs.
Coal Ministry accused of plagiarism
Coal Ministry is accused of unauthorizedly using a picture from an Amnesty International report to document the human tragedy behind the expansion of coal. The act of plagiarism was pointed out by Aruna Chandrasekher, a photojournalist who took the picture in 2014 while documenting the stories of people affected by the expansion of coal mines. This is not the first time Indian government reports have used materials available on the internet without giving due credits. The Home Ministry was recently accused of using photos of Spain-Morraco border in a report relating to India-Pakistan border.
International Copyright and Entertainment Law Updates
US Supreme Court Turns down “Dancing Baby” Copyright case
Recently, the US Supreme Court decided that it won’t review the Court of Appeals’ decision in Stephanie Lenz v. Universal Music Corp. The Suit was initiated by Lenz in 2007 who posted a 27-second video on YouTube of her toddler dancing to the song “Let’s Go Crazy”. The video was later removed after Universal sending takedown notice to YouTube . Lenz represented by Electronic Frontier Foundation instututed a suit against the music giant alleging that Universal misrepresented to YouTube while sending the DMCA notice
Lenz claims that Universal could have easily come to the conclusion that the use of its Song in the video constituted a fair use. The Court of Appeals, in September 2015 agreed with Lenz that copyright holders must consider fair use before sending takedown notices. The case will now be redirected to the District Court for trial where Lenz will need to prove that Universal knew that usage of the said song amount to fair use.
Volvo sued for copyright infringement
A Chicago-based company Berthold LLC is using the Swedish car manufacturer Volvo alleging copyright infringement. Berthold alleges that Volvo’s typeface Volvo Sans 2012 OT Pro Font Software was derived from Berthold’s Typeface software. Berthold is seeking an injunction against Volvo to prevent Volvo from further infringing Berthold’s copyrights along with other general, special, actual and statutory damages and costs.
Licensing and Merchandising News and Updates
YUPP TV to stream Dharma Productions Movies
The online streaming application YuppTV has partnered with the movie production house Dharma Productions to stream its content across the world except for India. Dharma productions have already signed a license agreement with Amazon for streaming its catalog in India.
Entertainment Trademark updates
Marvel applies for Marvel HQ Trademark
Marvel Comics, applied for registration of the mark MARVEL HQ before the United States Trade Mark and Patent Office. The Mark is applied for registration as a proposed to be used the mark for entertainment and education services falling under class 41.
BIP Tip of the Week
Playing copyrighted content like music or films in taxies, buses, ships, flights or even hotel rooms without the permission of the copyright owner may amount to copyright infringement. Even playing a legally purchased CD or DVD in a bus or tax for the benefit of the travelers may invite copyright risks. The travel aggregators and/or tour operators may approach the copyright holder or appropriate copyright societies for specific licenses to use or play music or movies in vehicles.