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copyright act Tag

BananaIP Counsels > Posts tagged "copyright act"

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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Statutory License for Cover Versions under the Copyright (Amendment) Act

In our post last week, we looked at statutory licensing for broadcast organizations specified under Section 31D of the Indian Copyright Act. As mentioned earlier, the objective of non-voluntary licensing is to overcome the difficulty of locating the original owner of the copyrighted work in order to obtain a license and to avoid the creation of monopoly of copyright owners. The Copyright Act similarly contains provisions for statutory licensing for cover versions under Section 31C. While Section 31D which talks about statutory licensing for broadcast organizations was a new insertion into the Copyright Act, Section 31C is not completely a new...

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Technological Protection Measures

  The Copyright Act, 1957 went through a major change in 2012. The amendment harmonised the copyright law with the “Internet Treaties”- the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT), making it capable of facing challenges posed by digital technologies. The Copyright Act, 2012 (hereinafter referred to as the ‘Act’) added new Sections, 65A and 65B, for protection against dodging of technological measures and protection of rights management information respectively. The provision under Section 65A sets out that any person who circumvents an effective technological measure applied for protecting any of the rights conferred in the Act, with...

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Indian Copyright Law and Fair dealing

The concept of fair dealing is statutorily entrenched in Section 52 of the Copyright Act, 1957. What fair dealing does is that it permits certain acts with respect to copyrighted works, which otherwise would have constituted as infringement. The concept of fair dealing found in the UK copyright law as well as the Indian copyright law, is much more restrictive that its US counterpart, fair use. While the Indian law provides a specific list of fair dealing acts and purposes, the US law uses certain set of factors to classify fair use. Section 52 on the Indian Copyright Act, entitled ‘Certain...

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Hollywood Copyrights and Bollywood Copy(right!?)

The featured image shows a movie reel. The post deals about the online leak of udta punjab. To know more, please click here.

‘Plagiarism’ is not a foreign word to the entertainment industry. It is not uncommon in Bollywood to dress ‘plagiarism’ as ‘inspiration’. Studies show that nearly eight out of every ten Bollywood movies produced is “inspired” by one or more Hollywood films. Bollywood has time and again faced criticism for its “blatant copying” of Hollywood storylines and for having taken undue advantage of the unfamiliarity of the Indian audiences with respect to international films. Although very few western studios attempted to bring a suit proceeding against Bollywood filmmakers for blatant infringement of copyrights in the past, this trend has seen a...

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