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BananaIP Counsels > Posts tagged "copyright act"

Indian Copyright Amendments 2020/21- Proposals of the Working Group on IP and Public Interest

Indian Copyright Amendments 2020/21- Proposals of the Working Group on IP and Public Interest

A group of intellectual property teachers have come together to propose amendments to the Copyright Act, 1957, in order to further creativity in the digital context. Entitled "Like-Minded IP Teachers’ Working Group on Intellectual Property and Public Interest [Copyright Amendment 2020-21)," the document published by them primarily proposes amendments to copyright exceptions and definitions. In their words, the purpose of the document is as follows: "This document, prepared by a group of like-minded IP teachers, provides a list of amendments which are essential to make the Copyright Act, 1957 capable of furthering creativity in the digital context and addressing some of...

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Suggestions on the Amendment of the Copyright Act, 1957- Part III

Suggestions on the Amendment of the Copyright Act, 1957- Part III Section 31B Reasons for suggested amendments Section 31B provides for the issuance of a compulsory license to publish a copyrighted work for the benefit of disabled persons. The suggested amendments broaden the scope of the provision, and bring the nature of the license and the procedure for obtaining a license in line with the statutory license provisions under Section 31C and 31D. By permitting statutory licensing for such works, more organisations will be encouraged to engage in making works accessible, and the fixing of royalties by the Appellate Board will ensure proper revenue...

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Suggestions on the Amendment of the Copyright Act, 1957- Part II

Suggestions on the Amendment of the Copyright Act, 1957- Part II Section 18 Reasons for suggested amendments A frequent issue pertaining to Section 18, which outlines the rights which may be assigned and the exceptions, has been the right to receive royalties with respect to works forming part of a cinematograph film or sound recording. The current provision does not permit the author to waive or assign the right to receive equal share of royalties for the utilisation of such works, other than to copyright societies or to his legal heirs. More importantly, the proviso does not enlist the rights in the cinematograph...

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Suggestions on the Amendment of the Copyright Act, 1957- Part I

Suggestions on the Amendment of the Copyright Act, 1957- Part I The Hon. Registrar of Copyrights, through an email dated 14th October, 2020, invited suggestions on the amendment of the Copyright Act, 1957 in the light of changes brought about by use of internet, digitalization and an increasingly globalized market for digital content. On behalf of BananaIP Counsels, we have submitted the following recommendations and suggestions to the Registrar, and await positive changes in the Act. We appreciate the Registrar’s recognition of the changed situation brought about by the COVID-19 pandemic, and the need to revisit and carry out corresponding changes to...

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A Case for Statutory Licensing of Music for Broadcasting

After the Wynk decision of the Bombay High Court, which came to the conclusion that internet broadcasting is not covered under Section 31D of the Copyright Act, the record labels are on  a drive to convince the Government, industry and academics that statutory licensing does not provide fair value to sound recording holders. Their efforts seem to have doubled and tripled after publication of the draft Copyright Rules, 2019, which  proposed to include internet broadcasting within the scope of statutory licensing scheme under Section 31D. Led by the Indian Music Industry, the record labels are arguing that fair value for...

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Statutory Licenses for Broadcasting – Part V: Notes on Copyright Amendment, 2012

The image has a sheet of paper with text stating "Copyright License Agreement". The post contains notes relevant to Copyright Amendment Act 2012. Click on image to view post.

This post was first published on 28th June, 2014.   The 2012 Copyright Amendment codified Statutory Licenses for radio broadcasting and has added television broadcasting to be within the scope of the license. Section 31D deals with statutory licenses for broadcasting. It reads as follows: "31D. Statutory licence for broadcasting of literary and musical works and sound recording. (1) Any broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so subject to the provisions of this section. (2) The broadcasting organisation...

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Defacto Copyright Societies

The featured image shows two sheets of paper with the words legal and illegal written on them. To read more and to read the post click here.

  Prashant's recent post on Copyright Societies in India is lucid and instructive like many of his other writings. You may read his post and those related to it on Spicy IP, and may also consider going through the chapter in the book he references. The phrase "Defacto Copyright Societies" he uses in his post caught my attention, and therefore, this quick note. In my opinion, the Copyright Amendment is more discriminatory than revolutionary. It gives undue importance and rights to lyricists and music composers at the cost of other authors such as story writers, scriptwriters, artists, playwrights, etc. The Amendment would...

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Ilayaraja v. S.P. Balasubramanyam

The featured image is the photograph of singer S.P. Balasubramaniam. To read this post of the Ilayaraja and SPB copyright case, click here.

  Ilayaraja's copyright notice to S.P. Balasubramanyam asking the singer to pay royalties for performance of his musical compositions in USA has provoked debates, arguments and discussions on various fronts. To the question, does S.P Balasubramanyam need a license to perform his own works (songs he sang and recorded for films)? ; The answer is a simple and straight forward – Yes! S.P Balasubramanyam has to take two licenses for each song he wishes to perform - one for the lyrics, and one for the musical composition. For several years, music composers and record labels in India turned a blind eye...

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Royalty Rights in Sound Recordings, Lyrics & Musical Works – Part 1

The featured image reads 'all rights reserved'. This post talks about the Entertainment Law and Copyrights involved in Royalty Rights in Sound Recordings, Lyrics & Musical Works. To read more, please click here.

  Quick bite: Dear readers, the following post is brought to you by the Media and Entertainment law experts of BananaIP (BIP)Counsels. This post is the first in its series and promises to engage your grey matter. This post will essentially help you understand the Entertainment Law and Copyrights surrounding Royalty Rights in Sound Recordings, Lyrical & Musical Works. Colloquially used word music/song is more than melody or harmony reduced to print, writing or graphic form[1]. Music is a language with a universal appeal. Music in itself is healing. It's an explosive expression of humanity. It's something we are all touched by. No...

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Intellectual Property : Sipping on IP

The featured image shows coffee in a white small cup with a spoon placed next to it. The post is about sipping on IP. To know more, please click here.

Well I am guessing the title of this post may have piqued your interest. ‘Sipping on IP’ is an initiative taken by BananaIP Counsels, where everyone gathers over coffee and lets ideas, discussions and conversations about intellectual property brew. There are no ground rules and the conversation can be about varied topics from more current pressing issues to any IP related concept. It is a great way to connect, take a break and learn from your peers. Date: 02/08/2016 Topics discussed Anchita, Sudha, Subhashree and Nithin discussed about the denial of a John Doe order with respect to the film ‘Dishoom’. The court had denied...

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