WEEKLY COPYRIGHT NEWS: COPYRIGHT INFRINGEMENT BY BAIDU, ACTORS LIABILITY FOR DIALOGUES, MARATHI REMAKE OF VIP IN TROUBLE, WALMART TO ACQUIRE INDIAN START-UPS AND MORE
Actors Not Liable for Insulting Dialogues – Delhi High Court, Marathi remake of Dhanush’s ‘VIP’ is stopped by the High Court over copyright infringement, Music Theatre International Files Copyright Action Against Northern Virginia Community Theatre, Baidu Pays for Copyright Infringement of Photographs, Radio Station Owner Ordered to Pay USD 1.5 Million in License Fees, Walmart Looking to Acquire Indian Merchandising Start-ups, Juventus Earns Rs 420 Crore within 24 hours from Sale of Cristiano Ronaldo Jerseys.
COPYRIGHT QUOTE OF THE WEEK
“Creative Commons has a lot to offer to the entertainment industry provided it is strategically merged with copyright commercialization strategy”
― Dr. Kalyan C. Kankanala
INDIAN COPYRIGHT STATISTICS
There is a decrease of 24% in the total number of copyright applications filed this week as compared to the applications filed last week. A total of 328 applications were filed for copyright registration during the last week. Most of the applications were filed for literary and artistic works. Applications for sound recordings decreased substantially from 16 to 6.
|S.No||Types of Work||Number of Applications Filed in the Previous Week|
(1st July to 8th July, 2018)
|Number of Applications Filed in the Recent Week|
(9th July to 15th July, 2018)
|5.||Sound Recording|| |
INDIAN COPYRIGHT NEWS
Actors Not Liable for Insulting Dialogues – Delhi High Court
In the PIL filed in the High Court of Delhi, lawyer Nikhil Bhalla sought the removal of two segments which allegedly “tarnished” the image of the late prime minister Rajiv Gandhi in the Netflix series Sacred Games. The contention was that there are two scenes where derogatory words have been used which need to be removed, as the actor is seen abusing our former Prime Minister Rajiv Gandhi. He further claimed that the series incorrectly depicted historical events such as Bofors scandal, Shah Bano case, Babri Masjid demolition and communal riots.
This series is based on author Vikram Chandra’s similarly titled novel. It has been directed by Anurag Kashyap and Vikramaditya Motwane.
The Delhi High Court concluded that actors cannot be held liable for dialogues that allegedly insulted the former Prime Minister Rajiv Gandhi in the web series.
Marathi remake of Dhanush’s ‘VIP’ is stopped by the High Court over copyright infringement
In the petition filed by Wunderbar Productions, movie star and filmmaker Dhanush alleged that the Marathi film Majha Naav Shivaji is an infringement of their copyright as it is based on their super hit movie Velai Illa Pattadhari, generally known as VIP. The Production house has also alleged that the Marathi movie not only had several scenes that were similar to the ones in Dhanush’s VIP, but also that the tunes of two songs, ‘Udhungada Sangu’ and ‘What a Karuvad’, have been copied, thereby clearly infringing the copyrights. After hearing both the parties’ arguments and reviewing their evidence, the High Court of Madras has passed an order restraining the Mumbai-based Pranita Pawar Productions from releasing the Marathi movie Majha Naav Shivaji.
INTERNATIONAL COPYRIGHT NEWS UPDATE
Music Theatre International Files Copyright Action Against Northern Virginia Community Theatre
Leading theatrical licensor Music Theatre International (MTI) which provides licenses to schools, and amateur and professional theatres, from around the world for performance rights, has filed a copyright suit against Theaterpalooza Community Theater Production, Inc. in the Federal District Court of the US. MTI has claimed that Theaterpalooza has failed to obtain licenses for the performance of at least 16 of Broadway’s most famous musicals while openly promoting, and refusing to make payment for upcoming summer performance of the shows Annie, Mamma Mia! and Hairspray. Theaterpalooza operates in and around various cities on the East Coast.
Baidu Pays for Copyright Infringement of Photographs
Visual marketing Agency Dongfang IC successfully brought 19 cases of copyright infringement against the Chinese search giant Baidu for the use of 76 photos from its library, the Shanghai-based firm said on its Weibo account. The case was filed in a Beijing Court.
The court found that Baidu’s mobile application based in Beijing had violated rights regarding the dissemination of unauthorized content used by other websites without the consent of the copyright owners and ordered to pay out CNY 214,000 (USD 31,000) in compensation for the infringement.
Radio Station Owner Ordered to Pay USD 1.5 Million in License Fees
The owner of three California radio stations has been ordered to pay more than $1.5 million in license fees, costs, attorneys’ fees and statutory damages to the American Society of Composers, Authors and Publishers (ASCAP), and its members. ASCAP contended that the owner of the radio stations failed to pay ASCAP license fees over the course of many years, while continuing to broadcast members’ music over the airwaves, via KFRH-FM, KREV-FM, and KRCK-FM.
The case was filed in the New York District Court in the US and the court found that ASCAP was owed more than $319,000 in unpaid license fees and costs. The court sided with ASCAP, denied the stations’ application for licenses and concluded that ASCAP had a right to refuse licenses to the radio stations due to unpaid prior license fees.
MERCHANDISING AND LICENSING NEWS
Walmart Looking to Acquire Indian Merchandising Start-ups
After acquiring a 77% stake in India’s largest e-commerce player Flipkart, Walmart is proactively looking to acquire more start-ups in India. Walmart Labs, which is the technology research unit of the world’s largest retailer, is looking for acqui-hiring niche tech-product start-ups which could be strategic to Walmart’s business.
According to Walmart’s Chief Technology Officer (CTO) Jeremy King, Walmart is currently planning to acquire companies working in merchandising and machine learning.
Juventus Earns Rs 420 Crore within 24 hours from Sale of Cristiano Ronaldo Jerseys
Juventus sold 520,000 jerseys on the very first day when the Cristiano Ronaldo Jersey went on sale. The official merchandising partner of the Turin-based club, Adidas, sold 20,000 jerseys from its store within hours. As per the Italian media reports, about 500,000 jerseys were sold online. Juventus’ earnings through the sale of Cristiano Ronaldo jerseys is half of Ronaldo’s transfer value.
In the year 2016 Juventus sold total 850,000 jerseys, a number which is expected to be eclipsed soon due to the arrival of Cristiano Ronaldo.
Copyright for a movie in one language does not limit the copyright holder’s ability to enforce its rights if such rights are infringed by a movie in another language.
Author: BIP’s Copyright and Entertainment Law Attorneys
Led by Sanjeeth Hegde, Senior Partner, the entertainment law attorneys at BIP are among the well-known lawyers in the field. They work with clients such as Yash Raj Films, Dharma Productions, Ananda Audio, Anushka Sharma, Sushant Singh, and Arka Media (Producer of Bahu Bali). BIP’s entertainment law team helps clients protect, manage and effectively license and merchandise their creative works such as films, music, brands and other content, to maximize financial returns.
The weekly copyright and entertainment law news initiative is a part of their pro bono work, and is aimed at spreading entertainment law awareness. You are free to share the news with appropriate attribution and backlink to the source.
If you have any questions, you may write to BIP’s Copyright and Entertainment Law Attorneys – [email protected]