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Latest Copyright cases, 2021- Part 5

Latest Copyright Cases – 2021 – Part 5

M/s. Sun TV Network Ltd. v. M/s. Nitin Productions & Anr Defendant Nitin Productions assigned the copyright of the film “HUDUGAATA” in favour of the Plaintiff after receipt of the agreed consideration. By virtue of the agreement, the Plaintiff became the absolute copyright owner of the aforementioned film which included satellite rights, radio rights and other similar rights perpetually. However, Defendant M/s. Public TV, telecast songs from the film without obtaining prior permission. The Plaintiff, which held the copyright of…

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Latest Copyright Cases 2021, Part 4

Latest Copyright Cases – 2021 – Part 4

Saregama India Limited v. Next Radio Limited & Ors. The Apex Court, in the instant case, set aside an interim order passed by the Madras High Court, which held that copyrighted material cannot be broadcasted without prior notice as per Rule 29(4) of the Copyright Rules, 2013. The High Court had modified specific provisions of the Rule and applied it to the broadcasters, by opining that the Rule lacked flexibility and created difficulties for the broadcasters. The mandate to furnish…

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Latest Copyright Cases 2021: Part 3

Latest Indian Copyright Cases – 2021 – Part 3

Muthoot Finance Limited vs Shalini Kalra & Ors In this case, the Plaintiff, Muthoot Finance Limited, a non-banking financial institution, provided business and personal loans against the deposit of gold jewellery. As a part of this business the Plaintiff had to maintain proprietary and confidential information related to its vast customer base in the form of a database which in turn constituted a ‘literary work’ as under Section 2(o) of the Copyright Act, 1957 and it also amounted to trade…

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DMS DESI BOYZ

Krishika Lulla & Ors. vs Shyam Vithalrao Devkatta & Anr.

Krishika Lulla & Ors. vs Shyam Vithalrao Devkatta & Anr. [Criminal Appeal No. 258 & 259 of 2013 SC (Decided on 15.10.2015)] Facts Shyam Vithalrao Devkatta (Respondent), had authored a story named ‘Desi Boys’ and had registered the same with the Film Writers Association on 25.11.2008. Mr. Devkatta forwarded the synopsis of the story to his friend Mr. Ramesh Bhatnagar who further forwarded it one Mr. Ahsaan Sagar on 15.10.2009. Subsequently, Mr. Devkatta saw the promos of a…

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Importance of IP For Start-ups and Entrepreneurs (Part V): Copyrights

Importance of IP For Start-ups and Entrepreneurs (Part V): Copyrights

Copyright protects ideas expressed on a tangible form. The expression may be in the form of literary work like website content, brochure content etc, photographic work such as pictures used on website, brochures, etc, artistic work like layout of website, drawings, etc, cinematographic work such as promotional videos, support videos, etc, and so on. Protection of copyrights provides several business and competitive advantages to startups and entrepreneurs. A startup company must protect its marketing materials, documents, websites and so on…

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