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Entertainment Law India Tag

BananaIP Counsels > Posts tagged "Entertainment Law India"

Entertainment Law: Essential Clauses of a Digital License Agreement -Part II

Licensing of creative content like cinematographic films or sound recording through digital platforms forms an integral part of the entertainment business. This post is in continuation of our previous post about the structure of a Digital Licensing Agreement. In addition to the definitions, grant of license and the consideration clauses in a standard license agreement, the parties must ensure that the following clauses are also included in the Digital License Agreement: Representations and Warranties : It is essential to ensure that both parties give representations regarding their validity, good standing and organization as well as their right and authority to enter...

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Doctrine of Merger and Copyright Law

The fundamental rule of Copyright law is that facts and ideas are not copyrightable, it is only the creative expression of such ideas and facts that is rewarded by law, by conferring a privilege to exclusively exploit such expression for a limited time. However, not all expression are accorded protection under the Copyright Law. The law affords protection to expressions that are fixed in a medium and are ―original. Section 13 of the Copyright Act provides that ―original, literary, artistic, dramatic and musical works are subject matter of copyright. However, in situations where the idea and expression are inseparable or merged,...

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Machinima – Copyright and Related Issues – Part II

In our post last week, we discussed about the art of machinima, i.e. the use of visuals from a video game to create a cinematographic film. As machinima is a derivative work, using the characters and the environment from the game without the authorization of the game developers would usually constitute an act of infringement. However, many of the creators of machinima, or machinimators, rely on the fair use provisions in the event that a copyright infringement claim is brought against them. This week, we shall try to analyse and distinguish between the nature of acts relating to machinima that...

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Machinima – Copyright and Related Issues – Part I

In this post we shall be discussing about ‘machinima’, a form of new age cinema. For those of you who are not aware of what machinima is, it is derived from two words, ‘machine’ and ‘cinema’, and as the combination suggests, it refers to the practice of using video games to create original cinematographic films. Machinima films use the virtual environments and the characters within a game to tell stories. Though a machinima appears to be just like any other animated movie, the process involved in the creation of making one is much similar to that of a live action movie....

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Media & Entertainment Law: Essential Clauses of a Digital License Agreement

With the development and widespread use of internet and digital networks, we are now witnessing a revolution as to how copyrighted contents are acquired, displayed and disseminated. In the pre-internet days, there were limited options for distribution and exhibition of copyrighted contents. For example, the distribution of cinematographic films was limited to cinema halls and video cassettes. The internet revolution has opened several doors for content owners by creating new modes and formats of exploitation. Licensing out, creative contents like cinematographic films or sound recording through digital platforms forms an integral part of the entertainment business. In this post we will...

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