Copyright Infringement, Entertainment tax, Beauty and the Beast, Swarovski, Copyright tips and more, presented by the Media & entertainment law attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm.
Quote of the Week
“Kill Piracy; Save Creativity.” – Pirates of Bollywood, Dr. Kalyan C. Kankanala, Renowned IP Attorney, Author and Professor.
Recent entertainment case laws
MSOs and local cable operators liable to collect and pay entertainment tax to the government.
Responding to the pleas filed by multi-system operators (MSOs) and local cable operators -DEN Networks Ltd, Hathway Cable and Datacom Ltd, IndusInd Media and Communications and SITI Cable Network Ltd., that challenged the levy of entertainment tax and vires of the Delhi Entertainment and Betting Tax Rules. The Delhi High Court held that MSOs and local cable operators distributing TV signals directly to subscribers were liable to collect and pay entertainment tax to the government. However, the court called the circular issued by government of Delhi directing MSOs and local cable operators to deposit the entertainment tax as “without any authority of law” and quashed the Delhi governments December 2012 circular. Show cause notices have also been served by the Department of Entertainment Tax asking multi-system operators (MSOs) to pay entertainment tax or to face action.
Entertainment Licensing News and Updates
Beauty and the Beast Film based Jewelry from Swarovski
Licensing.Biz has reported that Swarovski will be launching a jewelry line along with the re-make of the film Beauty and the Beast. The necklaces, bracelets, rings and ear rings will be based on the theme of inner beauty and female empowerment. The adornments on lead characters in the film and the jug/crystals that appear on screen have been made by Swarovski.
‘Garfield Fit’ App to help you exercise
Animoca Brands has launched an iOS App called ‘Garfield Fit,’ which will help users maintain their exercise regime. Like other similar Apps, the App will track paces, calories spent, etc. Garfield will respond to your moves as you exercise. If lazy Garfield can exercise, you can as well.
This mobile app is another example of how far popular character merchandizing can be expanded.
Video Game merchandize to hit stores soon
Halo, the successful video game franchise, plans to launch a series of merchandize ranging from apparel to accessories. It has tied up with Buckle-Down for belts, suspendors, etc, Forbidden Planet for apparel, bags, mugs, etc., Hybrid Apparel for boys clothes, Just Funkie for beverages, Under Boss for underwears, and so on. The merchandize is targeted at US, Canada, UK and Ireland primarily.
International Entertainment Law News and Updates
Magazine sues Orion, MGM and other Film Producers for using its Logo
Sporting Times, a sports magazine, has sued MGM, Orion, Rhino, and others for showing its logo in the film trailer of Spaceman. The film is loosely based on drug addicted base ball player Bill Lee, and Sports Times is claiming in the suit that the use of its trade mark amounts to disparagement and dilution. The magazine is claiming for damages of 1.4 million dollars.
Re-broadcast of Free to Air Television on Cable is Copyright Infringement
The European Court of Justice recently held that re-broadcasting programs that have already been broadcasted free to air in an area amounts to copyright infringement even if they are done under the public service obligations. It pointed out that a national legislation providing for any exception to copyright infringement of such rebroadcasts on cable and internet would not comply with the EU Directive. The case was referred to the CJEU for a preliminary opinion by a UK Court.
Social Media Cases
Facebook pulls out local friends tracking feature
India Today has reported that Facebook has withdrawn its Nearby Places, a feature which allows friends to share location. The feature was removed after a Milan Court held Facebook liable for infringing copyrights in the FAROUND App of Business Competence. Continuing to host the feature would have costed Facebook five thousand Euros per day.
BananaIP’s Entertainment Law Tip of the week
Every celebrity aspiring to merchandize her/his persona must file and protect trademarks. Registering trademarks helps the celebrity build an additional layer of protection after publicity rights and copyrights. Registering a trade mark is cost effective, easy and simple, and can pave the way for lucrative licensing deals to launch products.
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