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copyrights Tag

BananaIP Counsels > Posts tagged "copyrights" (Page 8)

Importance of IP For Start-ups and Entrepreneurs (Part V): Copyrights

Start-up

  Copyright protects ideas expressed on a tangible form. The expression may be in the form of literary work like website content, brochure content etc, photographic work such as pictures used on website, brochures, etc, artistic work like layout of website, drawings, etc, cinematographic work such as promotional videos, support videos, etc, and so on. Protection of copyrights provides several business and competitive advantages to startups and entrepreneurs. A startup company must protect its marketing materials, documents, websites and so on under the copyright law. Copyright protection over a work starts from the date of creation of the work and registration is...

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Did China Copy Disney’s famous track?

  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 it was featured in Disney’s Oscar-winning animated film Frozen. This was Disney’s biggest animated film earning more than $1.3 Billion worldwide. With...

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Digital Rights Management

Laws alone cannot eliminate copyright infringements. For the Copyright Law to take its course, there have to be effective detection of infringements and identification of infringers. Furthermore, as with any property rights, owners of copyrighted content have to take certain measures to protect their copyrights before expecting law enforcement to aid them. DRMs and ETMs are such measures a copyright owner is expected to take in order to protect his copyrights in the digital world. The term Digital Rights Management (DRM) broadly refers to a set of policies, techniques and tools that guide proper use of digital content. Simply put, a DRM system manages the appropriate use of content.

The major functionalities of this system are numerous. They include facilitating packaging of raw content into an appropriate form for easy distribution and tracking, protecting content for tamper-proof transmission, protecting content from unauthorized use and enabling specifications of suitable rights, which define the modes of content consumption. DRM systems also facilitate the delivery of content offline on CDs and DVDs; deliver content on-demand over peer-to-peer networks, enterprise networks, or the Internet; and provide ways of determining the authenticity of content and of rendering devices. Some of the popular controlled access techniques in use are encryption, electronic signature, digital watermarking etc.

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

This Image depicts the clip art of 'This is the best idea i've heard all decade. This Image is relevant as the article deals with the Protecting Ideas in Entertainment Industry. Click on this Image for more Information.

An idea may be defined as a thought, which cannot be seen, touched or heard. In other words, an idea is entirely intangible in nature. Ideas can be kept secret or commercially exploited, but to gain protection, they need to satisfy the threshold of originality and novelty. Even though ideas act as catalysts for various Intellectual Property protections, by themselves, they are not qualified to obtain protection. Since an idea, taken at face value, does not fulfill the requirements of protection, it allows more than one person to create work (tangible) based on the same idea. Infringement occurs only when an expression of an idea by one person is copied by another.

A long standing principle is that Copyright Laws protect the expression of ideas and Patent Laws protect inventions. Both these tools that protect ideas necessitate the idea to take a material form or a fixed embodiment. Unless an idea, regardless of how good or bad it is, is expressed in a tangible form, it cannot be protected. In other words, expressions are what qualify protection under the Copyright Law.

So, how then, are ideas that do not meet this requirement, protected?

An Overview of Music Licensing – Part 1

This Image depicts the word art of Petrucci's Music Company. This Image is relevant as the article deals with the Music Licensing. Click on this Image for more Information.

Music licensing means transfer of exclusive or non – exclusive rights to use a piece of music which sometimes may be a complete song, a snippet of a song or an entire album or an entire repertoire for a set period of time, for a fee. Music licensing deals can take several forms, but generally all deals dictate the presence of a licensing fee, an expiration date of the licensing agreement, and terms specifying where and how the licensee can use the licensed music.

These licenses are taken by various commercial entities such as television broadcasting organisations, radio stations, digital platforms, restaurants, bars, discotheques etc. In the olden days, authors, composers and copyright owners collected performing right royalties as a norm for operas and similar stage works; but for shorter works which were often performed publicly, thousands of times a day, at all sorts of entertainment programs around the world, some special method of tracking had to be devised.

In practice, it would be intolerably troublesome and costly, if not wholly impractical, to obtain permission to perform copyrighted music in public, and of course it would be impossible for most copyright-owners to deal adequately with such requests of permission. In order to resolve this problem, formation of collective management organizations was introduced under the Berne and Rome conventions. Collective Management Organizations, in some jurisdictions, are called Performing Right Societies or Copyright Societies. By now, in most countries, performing societies have been established.

Indian Performing Rights Society v. Eastern Indian Motion Pictures Ltd.

Citation AIR1977 SC1443, (1977)2 SCC820, [1977]3 SCR206 Facts: This is a dispute that broke out in a matter involving rights over Indian literary and music works for which the copyright subsides in India. Parties to the dispute where the Indian performing right society and the cinematograph exhibitors association of India. IPRS incorporated on 23/08/1969 in the state of Maharashtra governed by copyright Act 1957 has the authority for issuing licenses for performance in public of all existing future Indian literary and musical works for which the copyright subsides in India and is a company limited by guarantee for the purpose of granting license...

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