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

Copyrights, Fair Dealing, and Fair Use in India

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…

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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; …

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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.

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

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…

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Disney Sues Venezuelan Company

  Disney has always been extremely protective of its intellectual property. The company has been aggressively pursuing infringers who have tried to use its IP assets without authorization. The number of suit against these infringers has increased in the recent times, with the expansion of its IP portfolio due to its acquisition of Marvel Entertainment. There have been several instances of infringement concerning Disney films, such as 'Frozen', 'Star Wars' and the Marvel movies, which it pursued aggressively. Last week, Disney…

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‘Bound by Law: Tales from the Public Domain’

(Trapped in a struggle she didn’t understand; By day a filmmaker....by night she fought for fair use!) Could you ever imagine there being a graphic novel on Fair Use? Surprise, surprise! Some law scholars actually thought it to be a feasible idea and created this unusual piece of work. James Boyle, Jennifer Jenkins and Keith Aoki, from the Duke Centre for the Study of the Public Domain, being passionate copyright enthusiasts as well as keen artists published a graphic novel…

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Intellepedia - IP News Updates

Copyright Exceptions for Access to the Blind – Marrakesh Treaty

After several years of continuous effort, the MARRAKESH TREATY TO FACILITATE ACCESS TO PUBLISHED WORKS FOR PERSONS WHO ARE BLIND, VISUALLY IMPAIRED, OR OTHERWISE PRINT DISABLED was adopted in 2013. So far, 9 countries, including India, have ratified the Treaty,  while 2 have acceded to it. The Treaty will come into force when 20 countries ratify it. Background A WHO report estimates that there are more than 285 million blind or visually disabled people in this world. It is estimated…

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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…

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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,…

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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…

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Intellepedia - IP News Updates

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…

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