16 August 2019

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Court Gives ‘Mission Mangal’ the Green Signal, Copyright Infringement Suits against P&G and Lady Gaga, Amazon to Acquire Stake in Future Retail, and more

in Copyrights, e-Commerce Law, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law, Social Media Law, Sports Law

‘Mission Mangal’ Gets Green Signal from Bombay High Court, Modi Government Plans to Ask YouTube to Pull Down Trailer of ‘Lynch Nation’, Upcoming Bollywood Release Batla House Faces Legal Trouble, RIAA Finds Widespread Infringement Through Online Retailers, Composer Sues P&G for Use of Whistle Tune in Old Spice Ads, Singer Accuses Lady Gaga of Copying Award-Winning Hit 'Shallow', Columbia University Sues for Ownership of Encyclopedia Iranica, Bundesliga and Athletia Partner Up to Tackle Piracy, Amazon to Acquire Stake in Future Retail, Alibaba Aims to Acquire NetEase’s E-Commerce Arm Kaola, Amazon Launches Marketplace Appstore for Sellers, and more. NATIONAL NEWS ‘Mission Mangal’ Gets...

09 August 2019

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Twitch Bans Gamers for Streaming a Copyrighted Debate, Flipkart Enters the Video Streaming Market, Karigar Store-Latest Addition on the Amazon Website and more.

Posted by BananaIP Reporter

in Copyrights, e-Commerce Law, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law

The Information and Broadcasting Ministry is All Set to Monitor Digital Media; US Senate Judiciary Committee approves the Small-Claims Copyright Bill (CASE Act); Twitch Bans Gamers for Streaming a Copyrighted Debate; Flipkart Enters the Video Streaming Market; Facebook to Launch a Dedicated News Section; Karigar Store-Latest Addition on the Amazon Website; Fed-Ex Ends Partnership with Amazon and more. NATIONAL The Information and Broadcasting Ministry is All Set to Monitor Digital Media For the purpose of monitoring the media better, the Information and Broadcasting Ministry issued a notification on 7th August 2019, declaring that it is on the hunt for an agency for compiling...

06 August 2019

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Court Limits the Scope of ‘Fair Dealing’ under Copyright law

Posted by BananaIP Reporter

in Intellectual Property, Media and Entertainment Law

This post was published on November 18, 2011. The Delhi High Court, in a recent decision, has held that usage of copyrighted works in television programmes such as an interview with the artist does not amount to fair dealing. Indian domestic television Channel India TV was sued by Super Cassettes and Yash Raj Films in two separate suits for infringing their copyrights. The two suits were clubbed since the defendant was the same and the cause of actions were substantially similar. India TV used certain songs and movie clips belonging to the plaintiffs in some of its television programmes and broadcasted...

28 July 2019

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Idea Expression Dichotomy

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

The image depicts a quill dipped in ink bottle. The post is about expression of ideas. Click on image to view post.

This post was first published on January 22, 2011. We all love reading. Fiction, Non- fiction, Self Help, Post Modern Literature, Verse, and Limericks -our tastes vary. It’s a point to be noted that the authors of the books we love reading so much write exercising the faculties of their brains, ideas stemming from their brains and then expressing it in words, putting it in paper. Therefore, it’s very important that the authors have full right over their creation. But, many ideas arise from something that is already present and in the case of literary works what needs to be checked...

26 July 2019

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Is Reporting Leaked & Copyright-Protected Material Equal to Contributory Infringement?

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

The image is a picture of Quintin Tarantino. The post is about a copyright claim by him. Click on image to view post.

This post was first published on 17th May, 2014. "No", says a federal judge in California, dismissing Hollywood's star director, Quentin Tarantino’s claim against Gawker Media, LLC. Gawker, a magazine on a lookout for juicy news in the entertainment biz, reported the leak of Tarantino's unpublished work by providing a direct link to the copyright protected "leaked script" for the film, "The Hateful Eight". Tarantino, a multiple Oscar winning/nominated writer-director, discovered that his copyright protected script was leaked. Gawker, on its website, reported the leaked Tarantino’s script in an article, the gist of it being that The Hateful Eight was leaked and that Quentin Tarantino had decided...

25 July 2019

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Fair Use vs. Copyright Infringement

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

The image has multiple copyright symbols in different colours. The post discusses some cases on fair use exception. Click on image to read post.

This post was first published on 1st September 2014. 1. Cariou vs. Prince Photograph: Patrick Cariou - 2000; Adaptation: Richard Prince – 2008(both via artnet) Richard Prince, the well-known appropriation artist - one who transforms the work of others to create new meaning in his work was sued by Patrick Cariou, a lesser-known photographer when Prince used several of Cariou’s photographs in a series of collages that were sold for tens of millions of dollars. Richard Prince, for an exhibition in the Gagosian Gallery, appropriated 41 images from a photography book by French photographer Patrick Cariou. Prince claimed Fair Use for the creation of his...

25 July 2019

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Conceptualizing Copyright Assignments & Licenses Part – I

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

The image has a huge copyright sign at the center of it. The post is about copyright assignment. Click on image to view post.

This post was first published on 25th June, 2014. This blog series is intended to conceptualize the principles behind copyright assignments and licenses. Copyrights, like any other Intellectual Property Rights are considered a part of Property Rights and hence can be transferred just as corporeal properties. This transfer of ownership under Copyright Law happens in three different ways; first, by executing an Assignment deed; Second, by executing a License Agreement; and third, by transmission of rights by way of operation of law. In this post, I will analyze the concept of Copyright Assignment and the relevant legal provisions with respect to Assignment of Copyrights in India. Meaning...

25 July 2019

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Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part V

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

This Image depicts a seedling is being protected by two hands on it This Image is relevant as the article deals with the Copyrights and protection of ideas. Click on this Image for more Information.

This post was first published on 11th August, 2014. Last week, we discussed the Urmi Juvekar Chiang case. Today we will look at the case of (1) Mr. Anil Gupta and (2) Another. vs. (1) Mr. Kunal Dasgupta and (2) Others - A landmark case, indeed, in the area of protecting ideas and concepts. This case elucidates the dos and don'ts of Idea Protection and Breach of Confidence in the Entertainment Industry. Plaintiff No. 1 - a Media Consultant Defendant No. 2 - a Television Production House It is the case of the Plaintiff that he conceived the idea of producing a reality television programme containing the process...

25 July 2019

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Harmonious Construction Can Ignore the Term Clause

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

This post was first published on 25th May, 2012. The plaintiff Shemaroo Entertainment Ltd. has filed this petition in the Delhi High court against Amit Sharma & others. The case has been decided on 16th May 2012. Shemaroo Entertainment Ltd. contended that it held copyrights over the song “Thodi si jo pee le hai” from the movie “Namak Halal” and prayed towards restraining the Defendants from using the “Thodi si jo pee le hai” in their film “Department”; from releasing or distributing the film without deleting the portion of the song and also from exploiting the audio rights of the film...

24 July 2019

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India’s Copyright Societies & Collective Rights Management – Part VI

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

This Image depicts the Word Art of 'Copyright'.This Image is relevant as the article deals with the Bombay High Court's Clarification on grey areas in Copyright Amendments Act,2012. Click on this Image for more Information.

This post was first published on 4th August, 2014. The primary purpose of a Copyright Society, also referred to as a Copyright Collective, is Collective Rights Management. A typical society acts as a middle man between authors/owners of copyrighted works and the Licensees of such works. Simply put, authors transfer all or some of their rights to the society and the society, in turn, licenses those rights, collects royalty and distributes the royalty among authors. The society also collects an administrative, management or facilitation fee for this activity. Such fee is normally in the range of 10-15% of the license fee. Collective...

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