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Fair Use Tag

BananaIP Counsels > Posts tagged "Fair Use"

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 Gawker, a magazine on a lookout for juicy news in the entertainment biz, reported the leak of Tarantino's unpublished work by providing a direct link to the copyright protected "leaked script" for the film, "The Hateful Eight".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

The image has multiple copyright symbols in different colours. The post discusses some cases on fair use exception. Click on image to read post.

  This post was first published on 1st September 2014.   1. Cariou vs. Prince Photograph: Patrick Cariou - 2000; Adaptation: Richard Prince – 2008(both via artnet)  Richard Prince, the well-known appropriation artist - one who transforms the work of others to create new meaning in his work was sued by Patrick Cariou, a lesser-known photographer when Prince used several of Cariou’s photographs in a series of collages that were sold for tens of millions of dollars. Richard Prince, for an exhibition in the Gagosian Gallery, appropriated 41 images from a photography book by French photographer Patrick Cariou. Prince claimed Fair Use for the creation of his...

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Madras HC Prohibits Unauthorised Use of Ilaiyaraja’s Songs; DIPP Releases Draft Copyright (Amendment) Rules, Blackbeard Video Dispute Before SCOTUS, and more

Copyright and Entertainment Laws News

Madras HC Prohibits Unauthorised Use of Ilaiyaraja’s Songs; DIPP Releases Draft Copyright (Amendment) Rules, 2019; Bharat Leaked Online by Tamilrockers; Kawhi Leonard Sues Nike for Copyright Infringement; SCOTUS to Hear Copyright Dispute over Blackbeard Footage; Kanye West and Kid Cudi Claim Sampling is Fair Use; The Penny Hoarder Sues the Smart Wallet; Nickelodeon to Make Baby Shark Animated Series; YouTube Begins Disallowing Younger Minors from Live Streaming; ICC Partners with Social Media to Digitally Connect with Fans, and more. Copyright Quote "The Ilayaraja Judgment is very good news for authors of creative works in the film industry. It opens new licensing and...

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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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Landmark Copyright-related Events in the year 2016- Part 2

The featured image is reads copyright as the post is about major copyright events that happened in 2016. To read more click here.

Hello readers, 2016 has been a year full of exciting changes. Almost too many. In this post and subsequent posts we will bring to you events that made headlines in the field of copyright law. Plan to block copyright.in by the Government In October of this year, the government took notice of a website called copyright.in, with the government stating that the website was a misrepresentation of the official website of the Copyright Office. This has been referred to relevant authorities by the Department of Industrial Policy and Promotion. It urged those who wished to obtain copyright registration to desist from...

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Landmark Copyright-related Events in the year 2016- Part I

The featured image is reads copyright as the post is about major copyright events that happened in 2016. To read more click here.

Hello readers, 2016 has been a year full of exciting changes. Almost too many. In this post and subsequent posts we will bring to you events that made headlines in the field of copyright law. Restriction of three Copyright Societies from granting licenses until April 2017 In an order issued by the Justice Endlaw of the Delhi High Court in December, Saregama India Ltd. was asked to deposit Rs.20 lakhs in Court in a copyright infringement suit filed by Zee Entertainment Enterprises Ltd. (Plaintiff) against Saregama, which allowed users to play and download songs from 29 movies for which copyright was...

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