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Fair Dealing Tag

BananaIP Counsels > Posts tagged "Fair Dealing"

It is Fair and Enabling – Data Mining from JNU Depot

Author: Dr. Kalyan C. Kankanala Data Mining in today's context is not limited to collection, organisation, management, searching and displaying of relevant data, it means much more than that, and includes creation of information, knowledge and intelligence from data sets, among others. At a basic level, data mining involves extraction of data, which is mostly done by using data mining software, applications or tools, and analysing the extracted data for a defined purpose. The data sets extracted may be further used by humans or machines for different purposes ranging from understanding trends and relations to training and developing artificial intelligence. Data and...

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

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 Gawker, a magazine on a lookout for juicy news in the entertainment biz, reported the leak of Tarantino's unpublished work by providing a direct link to the copyright protected "leaked script" for the film, "The Hateful Eight".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...

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My Fair Writer – Fair Use Principles for Writers: Copyrights and Writers Part 12

As discussed in the previous post, the unauthorised exercise of any exclusive rights in a copyrighted work amounts to copyright infringement. However, copyright law provides certain exceptions to this rule, which are known as ‘fair use’ exceptions. Although the Copyright Act provides for a number of exceptions, this post discusses only the few exceptions which are relevant for writers. Fair Dealing Works belonging to another person may be copied for various purposes like research, criticism, reporting of current events. However, in each of these situations, the law requires that the writer use the work in a manner that amounts to ‘fair dealing’....

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Copyrights, Fair Dealing, and Fair Use in India

The featured image shows a Doodle work on Fair dealing and Fair use under Copyright Act, 1957.

Fair dealing provisions under the Indian Copyright Act, 1957 as amended in 2012 exempt certain activities from the purview of copyright infringement. While certain exceptions mentioned under Section 52(1) of the Copyright Act are applicable to all kinds of works in which copyright subsists, the applicability of certain provisions are restricted to specific works. The following table identifies the various fair dealing and fair use provisions under the Copyright and its applicability to specific works:   Sections Provisions Applicability 52(1)(a) Fair dealing All works 52(1)(a) Private or personal use, including research All works 52(1)(a) Criticism or review All works 52(1)(a) Reporting of current events and current affairs All works 52(1)(aa) Making copies for back-up Computer programmes 52(1)(ab) Obtaining information for...

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Fair use exceptions for libraries under Indian copyright law

Indian copyright law provides exceptions to libraries for use of copyrighted works under the statutory fair dealing provisions of the copyright Act (section 52) as well as under the judicially created fair use exception. Broadly the law permits use of copyrighted works by libraries for the following purposes: Research and education; Instructions, teaching and training; Private study; Enabling access to the disabled; Activities of education institution; Review and criticism; Searching and data mining; Storage and preservation; and Access to knowledge. The fair dealing and fair use exceptions are provided under Section 52 of the Copyright Act and have emanated from different...

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Intellectual Property and Business Value – A Presentation by Dr. Kalyan C. Kankanala at the Woxsen School of Business.

The featured image reads Intellectual property and business value. The post is about the presentation given by Dr. Kalyan at the Woxsen School of Business. To read more click here.

The following presentation was delivered by Dr. Kalyan C. Kankanala, Managing Partner BananaIP Counsels, at the Woxsen School of Business, Hyderabad. The presentation is titled “Intellectual Property and Business Value” and covers the following topics: IP as a Business Tool Major Forms of IP Integrated Protection Patents Patentability Requirements Patent Process Patent Rights Patent Infringement Claim construction Examples Patents in Business Trademarks Registration Process Trade Mark Infringement and examples Passing Off Dilution Comparative Advertising Case Laws Copyrights Idea Expression dichotomy Copyright Infringement Fair Use/Dealing Assignment/Licensing Case Laws [slideshare id=57945124&doc=class5patentscopyrightsandtmsfinal-160206050044] About Dr. Kalyan Kankanala Dr. Kalyan C. Kankanala manages the largest new age Intellectual Property Firm,...

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Indian Copyright Law and Fair dealing

The concept of fair dealing is statutorily entrenched in Section 52 of the Copyright Act, 1957. What fair dealing does is that it permits certain acts with respect to copyrighted works, which otherwise would have constituted as infringement. The concept of fair dealing found in the UK copyright law as well as the Indian copyright law, is much more restrictive that its US counterpart, fair use. While the Indian law provides a specific list of fair dealing acts and purposes, the US law uses certain set of factors to classify fair use. Section 52 on the Indian Copyright Act, entitled ‘Certain...

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Dispute Resolution in the Entertainment Industry PPT by Sharada Kalamadi at GNLU

This presentation was delivered by Ms. Sharada Kalamadi at GNLU as a part of the entertainment law course offered to LLB and LLM students. The presentation covers: Subject matter of disputes in the entertainment industry Fair Dealing/Fair Use Section 52, Copyright Act, 1957 Concept of Fair Use Fair use defense Copyright infringement "Abstraction-filtration-comparison” test. Quantitative & Qualitative Test Extrinsic- Intrinsic Test Kroff Test R.G. Anand vs M/S. Delux Films & Ors Moral Rights Moral Rights Violation Remedies Piracy Dispute resolution mechanisms including mediation, courts, arbitration, Film Writers Association, Producers Guild Ms. Kalamadi used various industry examples, cases, multi-media to explain various...

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New Copyright Law: Parody is Legal if Judge Thinks it’s Funny

Imagine, one day, if Copyright Laws were changed to account for the legality of a parody, a caricature or a pastiche[i], based on whether a Judge found it funny. For the citizens of UK, that day was October 1, 2014. Amendments to the Copyright, Designs and Patents Act, 1988, have done exactly this. Along with changes in Parody Law, there’s a new freedom by law to create personal copies, for private use[ii]. The UK Copyright Law, known to be anything but relaxed, has seen a crucial change, as can be seen below: Copyright Law imparts unto a user the right to copy,...

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Version Recordings & Cover Versions – Part IV: Notes on Copyright Amendment, 2012

The image has a sheet of paper with text stating "Copyright License Agreement". The post contains notes relevant to Copyright Amendment Act 2012. Click on image to view post.

The Copyright Amendment of 2012 moved the provisions with respect to cover versions of sound recordings out of fair dealing provisions under Section 52, into a specific statutory license provision. Making version recordings, re-recording of prior sound recordings, was earlier permitted under the Copyright Law, but codifying it as a statutory license provision formalizes the said activity in many ways. Furthermore, Section 31C, which deals with statutory licenses for cover versions clearly spells out specific conditions and limitations for making version recordings.

The Section reads as follows:

“31C. Statutory licence for cover versions.

(1) Any person desirous of making a cover version, being a sound recording in respect of any literary, dramatic or musical work, where sound recordings of that work have been made by or with the licence or consent of the owner of the right in the work, may do so subject to the provisions of this section:

Provided that such sound recordings shall be in the same medium as the last recording, unless the medium of the last recording is no longer in current commercial use.

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