Copyrights & Entertainment Law News: Indian Copyright News and Updates, Entertainment Trademark News and Updates, International Copyright Updates, Entertainment Licensing News and Updates and more presented by the Media & Entertainment law attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm.
Copyright Thought of the Week
“Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.”
― United Nations, Universal Declaration of Human Rights
Indian Copyright News and Updates
Copyright Infringement Suit against Sarkar 3.
The copyright holder of 1300 movies, Narendra & Co. has filed a suit of copyright infringement against the Production House, Alumbra Entertainment & Media Pvt. Ltd. for the release of Sarkar 3. The company had acquired the copyrights of the Sarkar franchise in 2008 with respect to the distribution rights of the film’s sequel, prequel, remake and all other rights in perpetuity. The company alleges that the Production House has not taken the necessary permission for the release of Sarkar 3 in May, 2017. The matter is currently sub-judice before the Bombay High Court.
Madras High Court Waves Green Flag for the New TRAI Tariff.
The new tariff order of Telecom Regulatory Authority of India (TRAI) was challenged by Star India Pvt. Ltd and its subsidy Vijay Television Pvt. Ltd. on the pretext of violation of the Copyright Act, 1957. The latest tariff will empower the end-consumers to watch what they want to watch by providing a framework for pricing and packaging of channels, listing channel genres and a cap on the channel prices. The tariff gives access to 100 Standard Definition Channels at the cost of Rs. 130 (excluding taxes) per month payable to the distributor of TV channels. Since no multi-system operator nor cable operator has come forward to support the plea of Star India, the Madras HC has allowed the tariff plans and it has been brought into force from 2nd May, 2017.
The Supreme Court has declined the petitioners’ request for an early hearing of an appeal against the Madras HC Decision on 1st May, 2017.
IRRO Challenges the Delhi University (DU) Copyright Judgment.
The Indian Reprographic Rights Organization (IRRO) has filed Special Leave Petition (SLP) challenging the DU copyright judgment delivered by Delhi HC on December 2016. The Division Bench had refused to grant an interim injunction ruling that compilation and distribution of the copyrighted materials for educational purposed does not amount to copyright infringement and had remanded the suit to Single Bench for determination of specific facts. As the clarification matter was pending, the plaintiff withdrew the suit in March, 2017. SLP is expected to come up for admission in next week.
Entertainment Trademark News and Updates
‘Hotel California’ in legal trouble
Eagles, the band which gave the 1976 hit song Hotel California, has sued a hotel in Mexico named Hotel California Baja for using the name of their song without due authorisation from them. The suit was filed in Los Angeles on 1st May 2017, where the band has accused the hotel for misleading the visitors into thinking that the hotel is associated with the band and for engaging in promoting various merchandises. The suit seeks unspecified damages and a halt to any infringement.
Augmented reality tech may become a reality
Apple has expanded its class description for MacBook Pro trademark under Class 09 and has included “augmented reality displays, goggles, controllers, headsets, and 3D spectacles” recently. The tech company has amended its trademark description for its laptop to include augmented reality, which A pple has been working on for quite some time and which may become a reality.
International Copyright Updates
Copyright infringement trial begins for Eminem’s ‘Lose Yourself’.
The trial of the long running copyright infringement battle against the usage of ‘Lose Yourself’ sound track of Eminem by New Zealand National Party has begun on May 1st. Eminem’s lawyers claim that there was unauthorized use of the aforementioned song by the political party in their ad campaign. The first-day trial has been favorable to Eminem. The publishers are seeking an undisclosed settlement and a declaration of the copyright breach. It is said that the Judge-only trial would last for a total of six days.
Disney wins appeal in copyright infringement suit in “Pirates of Carribean Case”
Few days back, the 9th Circuit Court of Appeals gave a judgment in favour of Disney with regard to a copyright infringement suit filed against them by Florida author Royce Mathew. The author has alleged that Disney has infringed his work in their movie, ‘Pirates of the Carribean’. Earlier too, the author had filed a suit against Disney alleging the same, but later withdrew his suit signing a release form. Subsequently, he refiled the suit stating that Disney has “altered and tampered” with the artwork and procured his release by fraudulent means. On 2nd May, the court affirmed the holding of the District Court which held that “Mathew had to properly rescind the release he signed, and the fact that he waited until the complaint was filed was an inexcusable delay that caused prejudice to Disney.”
Entertainment Licensing News and Updates
McDonald Partners with Nintendo to Provide Super Mario Happy Meals.
McDonald Corp. has partnered with Nintendo Co. to provide eight toys based on Super Mario characters to Happy Meals from April 26 to May 22, 2017. The promotion has coincided with the launch of Mario Kart 8 Deluxe on Nintendo Switch, an update to the Wii U game. This is the second promotion partnership between the companies after 1991 for the launch of Super Mario World. The Super Mario Happy Meal will be available in restaurants across the US.
BananaIP Copyright Tip of the Week
Copyright Registration is Prima Facie Proof of Ownership
Registering a copyright is not necessary for copyright protection, which starts automatically on creation of a work. However, registering a copyright provides prima facie proof of ownership and enables easy enforcement.