30 June 2020

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The need for copyright protection: Number of works created as a function of copyright protection

This guest post has been authored by Sherry Shukla, a 2nd year B.A.LL.B. (Hons.) student at National Law University, Nagpur and Arpit Lahoti, 3rd year B.A.LL.B. (Hons.) student at National Law University, Nagpur. Any new product created, i.e., the information in its pure form, is a form of a public good, making it both non-excludable and non-rivalrous. Copyright allows the producer to internalize more of the benefits incurred of the formation of the work, i.e., and it makes internalization of work’s positive externalities and limits the free-riding of the product. Positive externalities are those where others enjoy the fruits of a given...

22 April 2020

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Upcoming Event: Protecting IP through online enforcement

Posted by BananaIP Reporter

in Intellectual Property, IP Training

BananaIP Counsels, through Intellepedia, is happy to announce a webinar titled “Protecting IP through online enforcement”, an online event for content producers, trademark owners, and other IP owners. Individuals, and companies of all sizes, create intellectual property and make it available online in many ways including by selling products, offering mobile apps, or publishing pictures and videos. With the internet becoming the primary mode of content sharing at present, content creators commonly face situations in which their intellectual property is infringed by third parties. Such infringement may be through unauthorized use of pictures, videos, music, or text content, or the use...

22 April 2020

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Online Enforcement of IP

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law, Social Media Law, Trademarks

Online Enforcement of IP Online infringement of Intellectual Property Online infringement takes many forms, from the sale of counterfeit or infringing products via the internet, to copying domain names and website content. The internet today has efficiently created a wide range of opportunities for business firms, companies, organizations, and individuals to communicate their brand messages and reach their target audience. However, keeping aside the internet’s openness, versatility, and global reach, its unregulated character has created a fertile ground for infringement of copyrighted content, trademarked brand names and logos, and registered designs. In the broadest sense, online IP infringement covers the sale of counterfeit...

15 December 2019

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Dancing with Intellectual Property: A Presentation by Dr. Kalyan C. Kankanala

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Training, Media and Entertainment Law, Patents, Publicity Rights/ Celebrity Rights, Trademarks

On December 13th, 2019, BananaIP Counsels conducted a seminar titled "Dancing with Intellectual Property" at its office in Bangalore. The event was attended by dancers, performers, and dance instructors, and witnessed active exchanges on the need for IP awareness for those in the field. Dr. Kalyan, Managing Partner of BananaIP Counsels, started the session with a discussion on the different types of intellectual property that could exist in a dance performance, and how each form of IP could be protected. He elucidated the protectable elements in a dance performance, and the commercial and legal benefits of protecting each element, and how...

12 December 2019

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Yoga Sequence is not Dance Choreography for Copyright Protection

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

Yoga Sequence is not Dance Choreography for Copyright Protection

Bikram Choudhury, a self-proclaimed yoga guru, published a book in 1979 entitled 'Bikram’s Beginning Yoga Class', which contained a sequence for promoting wellbeing and energy levels, among others. His book contained twenty six yoga asanas and two breathing exercises selected, arranged and organised in a sequence. The sequence is required to be performed at 105 degree Fahrenheit to produce optimum results. Though the yoga poses were based on Hatha Yoga, Bikram claimed that he developed specific poses in a sequence to provide health benefits, and urged readers of his book to practice them in the order provided. He registered a...

11 December 2019

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Can Photographs infringe Dance Choreography Copyright?

Posted by Dr. Kalyan C. Kankanala

in Copyrights, Intellectual Property, Media and Entertainment Law, Trademarks

Can Photographs infringe Dance Choreography Copyright?

Can you take photographs of a dance performance and publish them in an article or a book? This question came up before a US Court in the 1980s, a few years after choreography was added as a copyrightable work under the US Copyright Law. The case related to a popular choreographic work of George Balanchine, a renowned ballet master. Balanchine choreographed his own version of the ballet The Nutcracker, set to music by Tchaikovsky. The Nutcracker was a very popular ballet, and was performed by the New York City Ballet Company every christmas season. Tickets for all shows were always...

11 December 2019

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The Fight for Martha Graham’s Copyrights and Trademarks in Technique, Style, Choreography, Sets, Jewellery, Costumes and Music

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Publicity Rights/ Celebrity Rights, Trademarks

The Fight for Martha Graham's Copyrights and Trademarks in Technique, Style, Choreography, Sets, Jewellery, Costumes and Music.

Martha Graham is well known for her modern dance technique, choreography, sets, costumes, jewellery and other creative work, and she is today a legend in dance circles. Her unique technique and style is referred to as Martha Graham Technique or Graham's Technique after her name. Martha Graham was quite protective of her creative work, and allowed very few dance companies to perform her choreographies during her life time. In her effort to finance her creative work and promote/disseminate her technique/style, Martha Graham formed Martha Graham Center of Contemporary Dance ("Centre") and Martha Graham School of Contemporary Dance ("School"). Both of...

07 November 2019

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Openload and Streamango Shut Down Due to Piracy, UK High Court Holds TuneIn Liable for Unauthorised Rebroadcasting, Biopic on Late Politician Jayalalitha Receives Court Notice, and more

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

Spinal Tap Creators and Vivendi Settle Legal Dispute; Openload and Streamango Shut Down Due to Piracy; UK High Court Holds TuneIn Liable for Unauthorised Rebroadcasting; Maserati Pulls Out of Taiwan Film Awards; US Copyright Office Releases New Informative Videos on YouTube; ‘Rustom’ Writer Sued for Allegedly Hurting Catholic Sentiments; Fresh Legal Hassles for Ayushmann Khurrana’s ‘Bala’; Bollywood Producer Sues Team Behind ‘Mere Dad ki Dulhan’ TV Show; Biopic on Late Politician Jayalalitha Receives Court Notice; and more. International Copyright and Entertainment Law News 'Spinal Tap' Creators Settle Legal Dispute with Vivendi The creators of rock music mock documentary 'This is Spinal Tap', Harry...

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

Posted by BananaIP Reporter

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...

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