Delhi HC allows Intervention Applications in Copyright Infringement Case, Netflix sued by Author for Copyright Infringement, Dharma Production Summoned over Copyright Infringement Allegations, Dharma Production Summoned over Copyright Infringement Allegations and Nicki Minaj sued for Copyright Infringement.
Delhi HC allows Intervention Applications in Copyright Infringement Case
The Delhi High Court allowed the intervention application of the Delhi Science Forum that asserted that Indian law does not allow for the commercialisation of and profiting from scientific knowledge which was considered to be a “public resource.” They insisted that the access to material on websites like Sci-Hub and LibGen amounted to “fair dealing and thus they could not be sued for copyright infringement.
In its statement, the All India People’s Science Network (AIPSN) added that India has a whole community of students, researchers, teachers and scholars who would be blocked from accessing a lot of scientific content if Sci-Hub and Libgen were granted copyright.
The Delhi HC observed that the case was one of national importance and thus the applicants had the right to put forth their point of view before the court decided to grant an injunction.
Netflix sued by Author for Copyright Infringement
Kevin Wooten, the author of the 2016 novel ‘Pennywise: The Hunt for Blackbeard’s Treasure’ claims that Netflix’s show ‘Outer Banks’ is remarkably similar to the book, including the storyline, main characters and that they take place in the Outer Banks.
Wooten sold and promoted his book in Wilmington, North Carolina, the very place that was a source of inspiration to the show’s creators. Wooten has sued for damages and ongoing royalties.
Apple loses Copyright Lawsuit against Security Company
In 2019, Apple had filed a copyright infringement lawsuit against a security start up company in Florida, called Corellium. This lawsuit which was filed in the US District Court for the Southern District of Florida, claimed that, Corellium use of its software to find vulnerabilities in Apple products, amounted to copyright infringement. The court however, was of the opinion that, Corellium’s research amounted to “fair use” due to its “transformative” nature.
Apple insisted that Corellium was copying its software to create devices whose only function was to run unauthorized copies on non-Apple hardware. The court was of the view that “Corellium’s profit motivation does not undermine its fair use defense, particularly considering the public benefit of the product.”
Further, the court stated that, Apple may still pursue a separate federal law claim that Corellium dodged its security measures when creating its software.
Dharma Production Summoned over Copyright Infringement Allegations
Indian Singers Rights Association (ISRA) has alleged that Dharma Production, in the movie Gunjan Saxena, has commercially exploited the performance of three members- ‘Ae Ji O Ji’ from the movie ‘Ram Lakhan’, ‘Choli Ke Peeche Kya Hai’ from ‘Khalnayak’ and ‘Saajan Ji Ghar Aaye’ from Dhrama Production’s own movie ‘Kuch Kuch Hota Hai.’ ISRA argued that the tariff for the performers’ rights was fixed and Karan Johar was to deposit said amount before the Court.
However, Johar refuted ISRA’s claims saying that royalties were to be paid only for live performances and since the film was a studio performance it did not require the payment of royalties. Further, the production house asserted that the license was taken from the labels already.
The definition of ‘performer’ under the Copyright Act included a singer and the performer’s right meant any visual or acoustic presentation made live by one or more performers. Since the performance was not a live one, the payment asked for by ISRA was deferred until the next hearing on 12th March, 2020.
Nicki Minaj sued for Copyright Infringement
Brinx Billions filed a suit against Nicki Minaj for 240 million dollars alleging copyright infringement and that he was the “sole author/creator/composer/writer/producer” of “Rich Sex”, though Nicki Minaj, Lil Wayne, engineer Aubry “Big Juice” Delaine, and composer Jeremy Reid are all officially credited as co-songwriters.
As per Billions, he wrote the song around the year 2016 and did not give anyone the right to use the song commercially. Nevertheless, Minaj went on to use a large portion of it, he claims. In addition to this, Billions is also alleging that he stopped receiving payment for his work,“I Endorse These Strippers,” despite meeting all his obligations. Nicki Minaj has not commented on the lawsuit.
Authored and compiled by Neharika Vhatkar (Associate, BananaIP Counsels) and Aaditi Pradeep (Legal Intern)
The Copyright Law News Bulletin is brought to you jointly by the Entertainment Law and Consulting/Strategy Divisions of BananaIP Counsels, a Top IP Firm in India. If you have any questions, or need any clarifications, please write to [email protected] with the subject: Copyright Law News
Disclaimer: Please note that the news bulletin has been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the news published in the bulletin. You may write to [email protected] for corrections and take down.