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media law Tag

BananaIP Counsels > Posts tagged "media law"

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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Court Limits the Scope of ‘Fair Dealing’ under Copyright law

Music Copyright

 This post was published on November 18, 2011. The Delhi High Court, in a recent decision, has held that usage of copyrighted works in television programmes such as an interview with the artist does not amount to fair dealing. Indian domestic television Channel India TV was sued by Super Cassettes and Yash Raj Films in two separate suits for infringing their copyrights. The two suits were clubbed since the defendant was the same and the cause of actions were substantially similar. India TV used certain songs and movie clips belonging to the plaintiffs in some of its television programmes and broadcasted...

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Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part IV

This Image depicts a seedling is being protected by two hands on it This Image is relevant as the article deals with the Copyrights and protection of ideas. Click on this Image for more Information.

This post was published on August 08, 2014.

 

In this article we will discuss another case about how to protect ideas in the Entertainment Industry. Just to recap the previous posts in this series can be found here, here and here.

Urmi Juvekar Chiang, Indian Inhabitant, Mumbai vs. (1) Global Broadcast News Limited, Uttar Pradesh; (2) Network 18 Fincap Private Limited, Uttar Pradesh

The Plaintiff, in this case, was a scriptwriter and she had written a concept for reality television for solving civic problems. She asserted that the programme would follow the chosen protagonists through the quagmire of bureaucracy and conflicting interests and destructive attitudes as they tried to solve a civic problem of their choice.

The Plaintiff sent her concept to a certain Mrs. Rasika Tyagi (one of the Defendants). She and a person who agreed to act as her producer, Mr. Arjun Gauirsaria, had a detailed discussion with the Defendants about the concept that the Plaintiff had written. The Defendants, after some discussion did not follow up on the negotiations. Soon enough, the Plaintiff was in for a shock to see that a television programme with a concept very similar to theirs, was being telecast by the Defendants’ channel.

Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part III

This Image depicts a seedling is being protected by two hands on it This Image is relevant as the article deals with the Copyrights and protection of ideas. Click on this Image for more Information.

This post was first published on 29th July, 2014.   In continuation to our previous discussion on how to protect ideas in the entertainment industry, the upcoming posts in the series will discuss landmark cases and analyse how Courts consider Breach of Confidentiality claims. Previous posts in the series may be accessed here and here. The first of these cases is Zee Telefilms Limited and Another vs. Sundial Communications Private Limited and Others: This suit was brought by the Plaintiffs alleging Breach of Confidence in the original concept developed by the Plaintiffs and the misuse of confidential information. The Plaintiff's was a company engaged in the business of...

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Case Study – Trademark for Film Titles

The image depicts a lock with the letters TM by its side. The post talks about protecting trademarks. Click on the image to read the full post.

  This post was first published on June 27th, 2014.   What's in a name? - This question of William Shakespeare's would probably fade away into the background when it comes to the Entertainment Industry. The importance given to a name seems like just about everything in the context of the Entertainment Industry, since it creates an identity and makers of a film all over the world are choosy to the point of being cranky when it comes to giving their film a suitable title. Titles act as the unique identifier representing their work. So, can titles be protected, and if yes, how...

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Conclusion post: Ideas, Concepts, Scripts & Stories – Protecting Ideas…

This Image depicts a seedling is being protected by two hands on it This Image is relevant as the article deals with the Copyrights and protection of ideas. Click on this Image for more Information.

This post was first published on 11th August, 2014.   This post brings to a conclusion, the series on Protecting Ideas, Concepts, Scripts and Stories in the Entertainment Industry. Researchers have analyzed three cases on Confidentiality and its breach in the case of Intellectual Property Rights namely in the Urmi Juvekar Chiang case, the Zee Telefilms case and the Anil Gupta vs. Kunal Dasgupta case. The facts of the cases are similar, namely that all three have Plaintiffs that are companies or people who have made the creative concept of a television programme and shown the concept to a certain television channel, which, after first rejecting the...

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Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part V

This Image depicts a seedling is being protected by two hands on it This Image is relevant as the article deals with the Copyrights and protection of ideas. Click on this Image for more Information.

This post was first published on 11th August, 2014.   Last week, we discussed the Urmi Juvekar Chiang case. Today we will look at the case of (1) Mr. Anil Gupta and (2) Another. vs. (1) Mr. Kunal Dasgupta and (2) Others - A landmark case, indeed, in the area of protecting ideas and concepts. This case elucidates the dos and don'ts of Idea Protection and Breach of Confidence in the Entertainment Industry. Plaintiff No. 1 - a Media Consultant Defendant No. 2 - a Television Production House It is the case of the Plaintiff that he conceived the idea of producing a reality television programme containing the process...

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Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part I

This Image depicts the clip art of 'This is the best idea i've heard all decade. This Image is relevant as the article deals with the Protecting Ideas in Entertainment Industry. Click on this Image for more Information.

This post was first published on 23rd April, 2014.   An idea may be defined as a thought, which cannot be seen, touched or heard. In other words, an idea is entirely intangible in nature. Ideas can be kept secret or commercially exploited, but to gain protection, they need to satisfy the threshold of originality and novelty. Even though ideas act as catalysts for various Intellectual Property protections, by themselves, they are not qualified to obtain protection. Since an idea, taken at face value, does not fulfill the requirements of protection, it allows more than one person to create work (tangible) based on the same idea. Infringement occurs only...

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Gigi Hadid Claims Copyright, Disney to Re-Release ‘Avengers: Endgame’, and more

  Kabir Singh and Toy Story 4 Leaked on TamilRockers, Kerala HC Permits Screening of Patwardhan’s ‘Reason’ at Film Festival, Mumbai Doctor Writes to Maharashtra Health Minister Against ‘Kabir Singh’, Gigi Hadid Responds to Copyright Infringement Suit with Ownership Claim, Prenda Copyright Mastermind Sentenced to Prison, Artist's Widow Loses Copyright Suit Against Beer Company, Gibson Urges Guitarists to Become Whistleblowers, Apple Responds to Spotify’s Anti-Competitive Claims in EU, US Companies Resume Selling Products to Huawei, Disney to Re-Release ‘Avengers: Endgame’, ASOS Launches ‘Virtual Catwalk’, Altitude Sports Extends E-Commerce Platform, Telangana Now Houses Largest Amazon Delivery Centre and more.   Indian News   Kabir Singh and...

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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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