In a recent decision by the 11th Circuit Court in USA, Katz v. Chevaldina, the question of whether using a photograph to criticize a person's business activities amounted to copyright infringement was raised. The Court answered that it was not copyright infringement, but amounted to fair use as the use was for criticism and transformative. The Court also pointed out that the use lacked any commercial advantage to the blogger, and was strictly meant for criticism.
Brief background is as…
Stephanie Lenz uploaded a video of her child dancing to Prince's tune - Let's Go Crazy, to YouTube. In the video, the child is seen making moves, while the song is played in the background. The video was uploaded in 2007 on YouTube.
Universal Music, the owner of the sound recording, was not too happy with the use of the music in the video, which was getting great attention. UM sent a DMCA take down notice to YouTube, and YouTube…
The lack of snow for the 2022 Winter Olympics, is not the only reason why China is facing criticism.
The recent controversy faced by the Chinese is with respect to the Official Song for the games, “The Snow and Ice Dance” which has raised some questions about its source. It has been noticed by keen listeners that the song sounds like a rip-off of “Let It Go,” the popular ballad sung by Idina Menzel . “Let it Go” rose to prominence, as…
Whenever one talks about sport shoes the brand NIKE immediately comes to mind. It is one of the most popular brands and also has releases exclusive editions of shoes for different sports. One such edition is JUMPMAN. This edition was created in 1980s, after Hall of Fame basketball player Michael Jordan entered into a deal with NIKE for a special edition of shoes as well as apparels.
Through decades the JUMPMAN logo has been recognized by the logo of Jordan’s…
Much like their previous logo of the mythological creature Hydra and their supposed slogan “if you cut off one head, many more will arise”, Pirate Bay never seems to go away or be out of the headlines!
The founders of the infamous torrent site, Gottfrid Svartholm, Fredrik Neij, Peter Sunde and Carl Lundström finally caught a break. Recently a Belgian Court, at Mechelse found the quartet not guilty on charges of criminal copyright infringement and abuse of electronic communications.
Founded…
Case title-Exegesis Infotech (India) Pvt. Ltd. & Anr v. Medimanage Insurance Broking Pvt. Ltd.
Citation- Notice of Motion No. 1290 of 2014 in Suit No.784 of 2014,Order Pronounced on 15th July, 2015
Facts
The Plaintiff in this case, Exegesis, had been commissioned by the Defendant, Medimanage, to develop a customized software, for the purpose of their insurance broking business. It was Exegesis’s claim that it had complete authorship over the software code of the aforementioned software, which Medimange had also obtained…
After an eight month long tedious copyright battle Jyoti Kapoor can breathe a sigh of relief. The Supreme Court in its momentous decision stated that there existed similarities between Jyoti Kapoor’s script of “R.S.V.P.” and Kunal Kohli forthcoming film “Phir Se.” The Court also ordered Kohli to pay compensation of Rs. 25 lakh and give her due credit for the idea of the story.
Jyoti Kapoor’s win against Kohli can be taken as a step in the right direction, which may encourage other…
On July 1, 2015, Google owned video-sharing website YouTube won a legal battle against German performing rights organization GEMA in a German regional court. GEMA had claimed that Youtube should be liable to pay each time a video of an artist, represented by GEMA is viewed. GEMA represents several composers, lyricists, music publishers as its members in Germany and collects their royalty fees. This is not the first time that GEMA has engaged in a legal feud with YouTube. Even…
On March 10, 2015, a panel of eight jurors of a California Federal Court found the artists Robin Thicke and Pharrell Williams guilty of copyright infringement in a plagiarism suit filed by the heirs of artist Marvin Gaye, alleging that the 2013 hit “Blurred Lines” by Thicke and Williams was a rip off of Gaye’s 1977 song “Got To Give It Up”.
‘Blurred Lines’, written and performed by Robin Thicke, T I and Pharrell Williams, was released on March 26,…
Dear Readers,
The information age brought with it mounds of new perspectives and facts. But is it enough that it's all out there! We do want to be able to know a whole lot by reading very little. So, we bring you a quick look at all the major IP-related happenings of 2014. Copyright Law:
1. CJEU rules – ISP’s can be made to block Illegal Download access
As an endorsement to European Union’s anti-piracy policies, the European Court of Justice ruled on…