Copyrights & Entertainment Law News: Indian Copyright and Entertainment Law Updates, International Copyright and Entertainment Law Updates, Entertainment Licensing and Merchandising 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
“If you don’t move to protect copyright, if you don’t move to protect our children, It is not going to sit well” – Barbara Boxer
Indian Copyright and Entertainment Law Updates
Amitabh Bachchan sends copyright infringement notice to Aam Admi Party Leader Kumar Vishwas
Actor Amitabh Bachchan sent a copyright infringement notice to Aam Admi Party leader Kumar Vishwas accusing him of illegally using a poem written by his father and poet Harivansh Rai Bachchan. In a video uploaded to Kumar Vishwas’ YouTube Channel, Kumar Vishwas can be seen reciting a poem written by Harivansh Rai Bachchan. The senior actor on 10th July tweeted that “This is copyright infringement…! Legal will take care of this”. As per the reports, Vishwas received a legal notice from Bachchan asking him to take down the video from YouTube within 24 hours and demanded an account of revenue generated through the exploitation of the poem. While replying to the actor on 12th July Vishwas confirmed the receipt of the Notice and stated that the video has been deleted from YouTube and he would be sending the revenues accrued from the video- a meager amount of Rs 32.
Dhinchak Pooja’s videos taken down from YouTube due to copyright infringement claims
India’s own viral sensation Dhinchak Pooja’s videos have been taken down from her YouTube channel due to copyright infringement claims. Dhinchak Pooja shot to social media fame with her songs ‘Selfi Maine Leli Aaj” and “Swag wali Topi”. According to reports, someone named “Kathappa Singh” reported her songs for copyright infringement based on which YouTube removed her songs. It is unclear as to who Kathappa is and why he had reported the videos as copyright infringement.
Temporary injunction against satellite and internet distribution of Hindi Medium
The District Judge of Alipore, West Bengal issued a temporary injunction against the producers of the Irfan Khan starrer film Hindi medium. The movie was released theatrically on 19th May. The temporary injunction restrains the producers from releasing the film through other formats such as home videos, television or the internet.The temporary injunction was granted on a petition filed by the Bengali Filmmaker Shiboprasad Mukherjee. Mukherjee alleges that the plot of the film Hindi Medium is copied from his 2014 film Ramdhanu.
International Copyright and Entertainment Law Updates
Monkey-Selfie Copyright suit returns to Court.
The 9th Circuit Court of Appeals has heard the Monkey Selfie case and appears to be very skeptical of PETA’s arguments that a monkey can hold copyright and PETA have the right to protect it and sue on behalf of the monkey. As the readers may recall, the case revolves around the photographer David Slater whose camera was used by a macaque monkey, Naruto, to capture the iconic selfie. Slater argues that he is the owner of the copyright in the said image whereas PETA took the image to the court claiming that Naruto should hold the copyright. The Lower Court dismissed PETA’s claims and held that the US Copyright Act requires a copyright holder to be a human and PETA’s connection to the animal was not strong enough to grant PETA the status of next friend to initiate legal proceedings.
Entertainment Licensing and Merchandising Updates
Universal aiming to increase its merchandise and licensing revenue share
In a bid to increase its revenue share in the licensed merchandising market, taking into consideration its recent success with franchises such the Fast & Furious, Despicable Me etc Universal has now consolidated the licensing and merchandising rights of DreamWorks Animation with the Mumbai based brand licensing start up Black White Orange brands.
IIFA comes out with official merchandise
IIFA Award will be held this year in New York City. For the 18th edition of the awards, IIFA has partnered with Lycamobile and McDonalds. Further, IIFA has signed up with the NYC-based boutique licensing and merchandising company Easy Partners as the official merchandiser.
BIP Tip of the week
Take down notices before filing lawsuits
Taking down infringing content/products from structured online platforms and marketplaces is relatively easy and straight forward. Prior to initiating a lawsuit, which would be relatively very expensive, businesses (rights holder) may consider sending DMCA/ other notices to take down content. The process normally works well if the action is followed up in a timely manner.