This presentation was delivered by Ms. Sharada Kalamadi at GNLU as a part of the entertainment law course offered to LLB and LLM students. The presentation covers:
- Subject matter of disputes in the entertainment industry
- Fair Dealing/Fair Use
- Section 52, Copyright Act, 1957
- Concept of Fair Use
- Fair use defense
- Copyright infringement
- “Abstraction-filtration-comparison” test.
- Quantitative & Qualitative Test
- Extrinsic- Intrinsic Test
- Kroff Test
- R.G. Anand vs M/S. Delux Films & Ors
- Moral Rights
- Moral Rights Violation
- Dispute resolution mechanisms including mediation, courts, arbitration, Film Writers Association, Producers Guild
Ms. Kalamadi used various industry examples, cases, multi-media to explain various concepts with respect to dispute resolution in the entertainment industry. Th presentation starts with discussing disputes with respect to various works such as scripts, scenes, music etc. It then then goes on to talk about the concept of fair dealing and fair use. Further, the presentation discusses copyright infringement and the tests used to find out if infringement has occurred, like “Abstraction-filtration-comparison” test, Quantitative & Qualitative Test, Extrinsic- Intrinsic Test.With respect to copyright infringement Ms Kalamadi also discussed R.G. Anand vs M/S. Delux Films & Ors in detail. She then comprehensively explained moral rights and violation of these rights. The presentation concluded with discussing offenses and remedies enumerated in the copyright act and other remedies such as the John Doe or Ashok Kumar Order, Anton Pillar Orders, mediation, arbitration, etc.
About Sharada Kalamadi
Ms. Sharada Kalamadi is a deputy partner at BananaIP Counsels where she heads the entertainment law practice of the firm. She has considerable experience of working with India’s largest film studios and music record labels. Ms. Kalamadi holds a Masters in Intellectual Property Law and Technology law with specialization in Entertainment Law from National University of Singapore.
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