09 June 2017

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Raabta Copyright infringement case update, New Registrar of Copyrights appointed, Lower GST demanded by Entertainment industry, Forever21 and Urban Outfitters sued over Tupac T-shirts and more

in Copyrights, Intellectual Property, Media and Entertainment Law

Indian Copyrights and Entertainment Law Updates, International Copyrights and Entertainment Law Updates, BIP Tip of the week and more presented by the Media & Entertainment Law attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm. Copyright quote of the week “Copyright law has got to give up its obsession with 'the copy.' The law should not regulate 'copies' or 'modern reproductions' on their own. It should instead regulate uses; like public distributions of copies of copyrighted work; that connect directly to the economic incentive copyright law was intended to foster” - Lawrence Lessig, Indian Copyrights and Entertainment Law Updates Magadheera makers withdraw copyright...

05 June 2017

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Creativity, Illegality and Intellectual Property

Posted by Dr. Kalyan C. Kankanala

in Copyrights, Intellectual Property, Media and Entertainment Law

The image depicts a colourful poster containing the text 'CREATIVE'

Thinking, understanding, reasoning, and articulating creativity is very difficult, if not impossible. Creativity is shapeless, and any defined approach to creativity defeats its ends. It is into this unstructured, boundless, and absolutely free world that the concept of intellectual property was introduced. IP, in its unduly glorified form, seeks to give shape to certain understandable elements of creativity and endeavors to protect the same. Copyrights seek to capture some elements of expression, Patents elements of invention, and so on. By laying down some parameters, they try to bring certainty to the uncertain, clarity to the ambiguous, and limits to the limitless....

19 May 2017

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Republic TV accused of copyright infringement, Eminem’s copyright infringement case, Samsung’s Gear VR Headset copyright infringement, FIFA merges with Megalicense Entertainment and more

Posted by BIP Patent Attorneys

in Copyrights, IP Commercialization/Licensing, Media and Entertainment Law

Copyrights & Entertainment Law News: Indian Copyright News and Updates, International Copyright Updates, Entertainment Licensing & Merchandizing Updates, Digital Licensing News, BananaIP Copyright Tip of the Week and more presented by the Media & Entertainment law attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm. Copyright Thought of the Week We're on the path of creating monopoly business practices out of copyright law. - Robin Gross Indian Copyright News and Updates Arnab Goswami of Republic TV is accused of Copyright theft Bennett, Coleman & Co Ltd (BCCL) which owns the Times Network has filed a criminal complaint against Arnab Goswami, the founder of...

06 May 2017

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Sound Recording, Literary & Musical Works and Right to Royalty – Part 4

Posted by BIP Patent Attorneys

in Copyrights, Intellectual Property

The featured image shows a mic in a sound recording studio. To read more about this, click here. Entertainment Law and Copyrights: Sound Recording, Literary & Musical Works and Right to Royalty – Part 3

Continued from Part 3, read part by clicking here. Conclusion Reiterating that said earlier, sound recording consists of the acoustic portion including a lyric or a musical work despite which underlying works do not lose their existence upon a sound recording being made but remain exclusively mutual. However, the anomaly of the provision of the Act that grants the authors of musical & literary work and authors of sound recording the right to communicate to public their work has questioned the independent existence of the said works during the coalescence of the two. Courts have in the recent past clearly opined that when...

13 April 2017

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INDIAN TRADEMARK LAW ON PROTECTION OF MOVIE TITLE – Part 2

Posted by BananaIP Reporter

in Copyrights, Media and Entertainment Law, Trademarks

IP News Center : INDIAN TRADEMARK LAW ON PROTECTION OF MOVIE TITLE

Apart from applying for registration of a movie title under the Indian Trademarks Act, there are a number of industry associations to which the film makers look up to regarding protection of their film titles. Indian Motion Picture Producers' Association (IMPPA), Association of Motion Pictures and Television Program Producers (AMPTPP) and Film and Television Producers' Guild of India, Film Writers' Association and Western India Film Producers Association (WIFPA) are the associations that play a big role in protecting the commercial interest of movies. Producers and writers of movies can apply to be members of these associations which enable them to...

08 April 2017

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Sound Recording, Literary & Musical Works and Right to Royalty

Posted by BIP Patent Attorneys

in Copyrights, Intellectual Property, Media and Entertainment Law

Continued from Part 2, read part by clicking here. Music Broadcast Private Limited v. Indian Performing Right Society Limited, SUIT NO. 2401 OF 2006 Facts of the case The Plaintiff (Music Broadcast Private Limited) engaged in business of establishing, operating and maintaining FM Radio broadcasting stations in various cities of India sought a declaration that the Defendant (IPRS) is not entitled to demand or recover royalty and/or license fee in respect of broadcast of sound recordings at its FM Radio Stations. Further the Plaintiff sought a permanent injunction restraining the Defendant from demanding or claiming or making any claim in respect of or...

28 March 2017

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Ilayaraja v. S.P. Balasubramanyam

Posted by Dr. Kalyan C. Kankanala

in Copyrights, Intellectual Property, Media and Entertainment Law

The featured image is the photograph of singer S.P. Balasubramaniam. To read this post of the Ilayaraja and SPB copyright case, click here.

Ilayaraja's copyright notice to S.P. Balasubramanyam asking the singer to pay royalties for performance of his musical compositions in USA has provoked debates, arguments and discussions on various fronts. To the question, does S.P Balasubramanyam need a license to perform his own works (songs he sang and recorded for films)? ; The answer is a simple and straight forward – Yes! S.P Balasubramanyam has to take two licenses for each song he wishes to perform - one for the lyrics, and one for the musical composition. For several years, music composers and record labels in India turned a blind eye...

23 March 2017

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Film Expression and Censorship in India: Udta Punjab and Lipstick under my Burkah (Part 3)

Posted by Dr. Kalyan C. Kankanala

in Media and Entertainment Law

Continued from Part 2, read part 2 by clicking here. Select Censorship Cases Religion, Women, Drugs, Decency, public order, Sovereignty and Integrity, all form the basis for CBFC's decision with respect to Udta Punjab, Had Anhad and Lipstick under the Burkah films. The disputes and controversies around the said films reflect the subjectivity inherent in CBFC's assessment and judgment. The fact that the Courts reversed all excisions made by the CBFC in two of the cases leads one to conclude that the decision making process of CBFC may not only be subjective, but also arbitrary. Udta Punjab Case[8] Written and directed by Abhishek Chaubey,...

21 March 2017

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Film Expression and Censorship in India: An Introduction (Part 1)

Posted by Dr. Kalyan C. Kankanala

in Copyrights, Intellectual Property, Media and Entertainment Law

The featured image reads "The worst thing about censorship is (the text after this line is blocked with a black tape". This image very aptly indicates censorship. To read more click here.

Expression in the form of films is unique and special in many ways. Films merge life-like moving pictures, sounds, and other effects to tell a story, or send a message unlike any other form of expression. When the film is shown to a captive audience in a closed, dark environment, with the aid of advanced technology, its impact is heightened substantially. It is believed that one does not experience the same euphoria, emotion and engagement if the same film is seen on a television or computer at home. The impact of the film is therefore presumed to be higher when...

17 March 2017

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Copyright Infringement, Entertainment tax, Beauty and the Beast, Swarovski, Copyright tips and more

Posted by BIP Patent Attorneys

in Copyrights, Intellectual Property, Media and Entertainment Law

The featured image shows a green school board on which the following words appear to be written by chalk. The words read "Copyrights, Media & Entertainment Law news : Weekly updates". To get your weekly updates and news on IP, click here.

Copyright Infringement, Entertainment tax, Beauty and the Beast, Swarovski, Copyright tips and more, presented by the Media & entertainment law attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm. Quote of the Week "Kill Piracy; Save Creativity." - Pirates of Bollywood, Dr. Kalyan C. Kankanala, Renowned IP Attorney, Author and Professor. Recent entertainment case laws MSOs and local cable operators liable to collect and pay entertainment tax to the government. Responding to the pleas filed by multi-system operators (MSOs) and local cable operators -DEN Networks Ltd, Hathway Cable and Datacom Ltd, IndusInd Media and Communications and SITI Cable Network Ltd., that challenged the levy...

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