Indian Copyright Statistics, FIR filed against Sunburn Festival, Rajat Kakar appointed as PPL’s Managing Director, HRAWI members to refrain from using Novex’s songs, Pawan Kalyan’s Agnyaathavaasi in copyright row, Songs.pk Returns, Spotify sued for USD 1.6 Billion and BBC to partner with tech firms and more are presented by the Copyright and Entertainment Law Attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm
COPYRIGHT QUOTE OF THE WEEK
“When you have a wit of your own, it is a plesure to credit others for their own” – Cris Jami
INDIAN COPYRIGHT STATISTICS
There was a decrease of 14.23% in the total number of copyright filings compared to the last week. A total of 124 applications were filed for copyright registration during the last week. While most of the applications were filed for literary works only 1 application was filed for registering Sound Recordings.
|Sr. No||Types of work||Number of Applications previous week||Number of Applications this week||Percentage change|
INDIAN COPYRIGHTS AND ENTERTAINMENT LAW UPDATES
FIR FILED AGAINST SUNBURN FESTIVAL
Times of India reported that Novex Communications filed an FIR before the Hinjewadi police station, Pune, against the organizers of Sunburn Festival, Pune for playing copyrighted songs without obtaining necessary license. Novex alleges that Sunburn, Pune played songs like ‘Malhari’ from Bajirao Mastani and ‘Kajrare’ from Bunty Aur Bubli without obtaining adequate licenses. “ Our Company holds the copyright of most popular tracks in Bollywood industry currently, including hits from ‘Tiger Zinda Hai’. Whenever an event organizer plays the songs of which we own copyright, they have to give us a license fee. The organizers against whom the FIR was filed failed to obtain the license for playing the songs “ said Ketan Kanakia, Managing Director, Novex in his statement. Novex currently manages the music catalogs of leading production houses like Yashraj Films, Zee Entertainment, Shemaroo Entertainment and Eros International.
RAJAT KAKAR APPOINTED AS PPL’S MANAGING DIRECTOR
Rajat Kakar, head of Sony DADC India has been appointed as the Managing Director of Phonographic Performance India Limited India with effect from Ist January 2018. PPL has been operating for over 70 years and is a platform for collecting license fees for more than 250 music labels.
HRAWI DIRECTED ITS MEMBERS TO REFRAIN FROM USING NOVEX’S SONGS
Times of India reported that the Hotel and Restaurant Association of Western India (HRAWI) has told its members to refrain from using the songs that come under t=e music catalog of the copyright administrator Novex Communications. HRAWI alleges that Novex is charging an exorbitant fee from organizers and hoteliers for playing songs under its catalog. It is learned that HRAWI has also filed a writ petition before the Bombay High Court challenging the demands of Novex, stating that it cannot indulge in the business of issuing or granting such license.
PAWAN KALYAN’S AGNYAATHAVAASI IN COPYRIGHT ROW
Tollywood movie star Pawan Kalyan’s upcoming film Agynyaathavaasi has landed in copyright tussle with the production house and record label T-Series. After the release of the trailer, there were speculations that the film was based on the French Film Largo Winch. The Indian Express reported that T-Series which owns the remake rights of Largo Winch has sent a legal notice to the Telugu Film makers. “Yes, the rights of the French Film are with us. We are checking with the Producers of Agnyaathavaasi if any copyright infringement has taken place, and if so follow the procedure required” states a press release from T-Series.
The Economic Times reported that Songs.pk, a popular music downloading site that was blocked by the order of Delhi High Court five years ago for copyright infringement has resurfaced raising concerns within the music industry. The Indian Music Industry, a group that represents recording companies approached the central government to address the issue. “We can block the websites registered in India but this one is not… If any security concerns come to the fore, the government will take action but right now we are only talking to industry representatives to find a solution,” a senior government official said to the Economic Times.
INTERNATIONAL COPYRIGHT AND ENTERTAINMENT LAW UPDATES
SPOTIFY SUED FOR USD 1.6 BILLION
Wixen Music Publishing of Los Angeles, a company representing thousands of songwriters including Tom Petty, Neil Yound and Steely Dan has sued the online music streaming site Spotify seeking at least USD 1.6 Billion in damages. Wixen filed a copyright infringement suit before the Federal Court, California alleging that Spotify is planning songs without taking any license or compensation. “Spotify has built a billion-dollar business on the backs of songwriters and publishers whose music Spotify is using, in many cases without obtaining and paying for the necessary licenses,” alleges the suit. Last year Spotify settled a class action lawsuit for USD 43.4 million and a separate lawsuit with the National Music Publishers Association for USD 30 Million.
LICENSING AND MERCHANDISING UPDATES
BBC TO PARTNER WITH INDIAN TECH FIRMS
In an effort to capture digital readers in India, BBC World News is planning to partner with technology companies in India to provide personalized news services in the country. As part of its expansion, BBC has already begun its broadcasting in four Indian languages including Marathi, Gujarati, Telugu and Punjabi.
BANANAIP ENTERTAINMENT LAW TIP OF THE WEEK
Idea vs. Expression
The same idea or fact if expressed in different ways, will not amount to copying and/or copyright infringement. An entertainment company may create content based on a pre-existing idea without fear of copyright liability, provided appropriate steps are taken to differentiate the expression.
Author: BIP’s Copyright and Entertainment Law Attorneys
Led by Sanjeeth Hegde, Senior Partner, the entertainment law attorneys at BIP are among the well-known lawyers in the field. They work with clients such as Yash Raj Films, Dharma Productions, Ananda Audio, Anushka Sharma, Sushant Singh, and Arka Media (Producer of Bahu Bali). BIP’s entertainment law team helps clients protect, manage and effectively license and merchandise their creative works such as films, music, brands and other content, to maximize financial returns.
The weekly copyright and entertainment law news initiative is a part of their pro bono work, and is aimed at spreading entertainment law awareness. You are free to share the news with appropriate attribution and backlink to the source.
If you have any questions, you may write to BIP’s Copyright and Entertainment Law Attorneys – [email protected].