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Entertainment law Tag

BananaIP Counsels > Posts tagged "Entertainment law"

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.

Copyright and Entertainment Law News

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...

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Saaho Plagiarism, Forever21 Sued for Ariana Grande Look-alike, BBC Pays for Privacy Violations, and more

COPYRIGHT STATISTICS There is a decrease of 12% in the total number of copyright applications filed for the month of August as compared to the month of July. A total of 1664 applications were filed in the month of August, 2019. The majority of applications were filed for literary works and artistic works. Sl. No Type of Work Number of Application Filed in the Month of July 2019 Number of Application Filed in the Month of August 2019 Change Percentage Change 1 Literary/ Dramatic Work 1099 1024 75 Decrease of 6% 2 Artistic Work 498 511 13 Increase of 2% 3 Cinematograph Work 17 9 8 Decrease of 47% 4 Sound Recording 154 0 154 Decrease of 100% 5 Software 125 120 5 Decrease of 4%   Total 1893 1664 229 Decrease of 12%   Weekly Entertainment Law Updates, by BananaIP Counsels: Director and Artist...

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Weekly Entertainment Law News: TikTok in Content Ownership Controversy, Musician Sues “Baby Shark” Producers, and more

Another Content Ownership Controversy for TikTok, Copyright Office: No License Required for Use of Songs in Marriages, Musician Sues “Baby Shark” Producers for Copyright Infringement, Producer Sues Drake for Copyright Infringement of Beats, RIAA Refuses to Share “Six-Strikes” Results with Cox, Eminem’s Publisher Sues Spotify for Copyright Infringement, and more. National News Another Content Ownership Controversy for TikTok Online video-sharing platform TikTok has found itself in the middle of a content ownership controversy yet again. TikTok had sent takedown notices to social networking platform ShareChat, asking ShareChat to remove content in which TikTok claimed copyright ownership.  However, ShareChat has sent   a letter to...

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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

Copyright and Entertainment Laws News

‘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...

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

Music Copyright

 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...

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Part II: Descriptive Marks – Can They be Protected?

This image depicts the 'Trademark' and 'Registered' symbols. This post is a part of a series on what marks are permissible as trademarks. Click on the image to read the full post.

This post was published on September 08, 2014.

 

In the second post of this blog series, we shall be analyzing the US approach towards descriptive marks.

In the US, a mark is merely descriptive if it “consists merely of words descriptive of the qualities, ingredients or characteristics of the goods or services related to the mark”, being enough if it describes one characteristic of said goods or services. Like in India, a mark which is merely descriptive or deceptively mis-descriptive of the goods on or in connection with which it is used is not registrable on the principal register, as clearly stated under Section 2(e)(1) of the US Trademark Act of 1946. In re Abcor Development Corp, 588 F. 2d 811, the US Courts clearly laid down the reasons for not protecting merely descriptive marks, which are stated as follows:

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

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 published on August 08, 2014.

 

In this article we will discuss another case about how to protect ideas in the Entertainment Industry. Just to recap the previous posts in this series can be found here, here and here.

Urmi Juvekar Chiang, Indian Inhabitant, Mumbai vs. (1) Global Broadcast News Limited, Uttar Pradesh; (2) Network 18 Fincap Private Limited, Uttar Pradesh

The Plaintiff, in this case, was a scriptwriter and she had written a concept for reality television for solving civic problems. She asserted that the programme would follow the chosen protagonists through the quagmire of bureaucracy and conflicting interests and destructive attitudes as they tried to solve a civic problem of their choice.

The Plaintiff sent her concept to a certain Mrs. Rasika Tyagi (one of the Defendants). She and a person who agreed to act as her producer, Mr. Arjun Gauirsaria, had a detailed discussion with the Defendants about the concept that the Plaintiff had written. The Defendants, after some discussion did not follow up on the negotiations. Soon enough, the Plaintiff was in for a shock to see that a television programme with a concept very similar to theirs, was being telecast by the Defendants’ channel.

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

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 29th July, 2014.   In continuation to our previous discussion on how to protect ideas in the entertainment industry, the upcoming posts in the series will discuss landmark cases and analyse how Courts consider Breach of Confidentiality claims. Previous posts in the series may be accessed here and here. The first of these cases is Zee Telefilms Limited and Another vs. Sundial Communications Private Limited and Others: This suit was brought by the Plaintiffs alleging Breach of Confidence in the original concept developed by the Plaintiffs and the misuse of confidential information. The Plaintiff's was a company engaged in the business of...

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Case Study – Trademark for Film Titles

The image depicts a lock with the letters TM by its side. The post talks about protecting trademarks. Click on the image to read the full post.

  This post was first published on June 27th, 2014.   What's in a name? - This question of William Shakespeare's would probably fade away into the background when it comes to the Entertainment Industry. The importance given to a name seems like just about everything in the context of the Entertainment Industry, since it creates an identity and makers of a film all over the world are choosy to the point of being cranky when it comes to giving their film a suitable title. Titles act as the unique identifier representing their work. So, can titles be protected, and if yes, how...

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Personality Rights in India – Part II

This Image depicts the word art of 'Personality'. This Image is relevant as the article deals with the Persoanlity Rights in India. Click on this Image for more Information.

This post was first published on 26th June, 2014.   Justification for Publicity Rights is based on the Lockean Labor Theory, which essentially says that the fruits of one’s labor are one’s own. Therefore, Publicity Rights permit the exploitation of one’s persona by oneself. Unauthorized use of a person’s identity, including the person’s name, voice, image and likeness for commercial gain may give rise to a successful cause of action against the infringing party. Since Publicity Rights are one of the two parts of Personality Rights, let us now look at the relevant law for the protection of Personality Rights: 1. The Apex Court of...

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