Publication of Bare Acts Not Infringement, Cinematograph Act Amendments, No Copyright For Taste, and More
“Is settling with the pirate a new option to manage/control large-scale copyright infringement? Isn’t joining hands with pirates the wrong precedent?”
Dr. Kalyan C Kankanala
There is a decrease of 62% in the total number of copyright applications filed last week as compared to the previous week. A total of 146 applications were filed for copyright registration during the last week. The majority of applications were filed for literary works and artistic works.
|S. No||Type of Work||Number of Applications filed in the Previous Week|
(29th October 2018 to 04th November, 2018)
|Number of Applications filed in the Recent Week|
(05th November 2018 to 11th November, 2018)
|1.||Literary Work||209||87||122||Decrease of 58%|
|2.||Musical Work||11||1||10||Decrease of 91%|
|3.||Artistic Work||122||41||81||Decrease of 66%|
|4.||Cinematograph Film||3||0||3||Decrease of 100%|
|5.||Sound Recording||10||4||6||Decrease of 60%|
|6.||Software||25||13||12||Decrease of 48%|
|Total||380||146||234||Decrease of 62%|
Indian Copyright News
No Copyright Infringement by Private Publishers of Bare Acts
In reply to the public interest petition that was filed by Advocate Arpit Bhargava, the legislative department of the Law Ministry has stated that publishing of exact texts of legislations and Acts of the Parliament by private publishing houses does not constitute copyright infringement. The department specified that the scope of the Copyright Act allows the reproduction and publication of Acts of the Parliament and there is no infringement if these Bare Acts are accompanied by commentaries or any other original matter as it falls within the exception of being used for private study, research and promotion of education. The Centre also stated that it would be expensive and inefficient to confine the publication and distribution of Acts to the Centre even though it is understood that the Government owns copyrights over the same.
‘Zero’ Alleged to Have Hurt Sikh Sentiments
Following a complaint by the Secretary of the Delhi Sikh Gurudwara Management Committee, a petition has been filed in the Bombay High Court by Advocate Amrit Pal Singh Khalsa alleging the unfavourable portrayal of one of the Sikh religious symbols, the traditional Sikh dagger ‘Kirpaan’, by the character played by actor Shah Rukh Khan in the movie ‘Zero’. Criminal action for hurting religious sentiments has been sought against Shah Rukh Khan, producers Gauri Khan and Karuna Badwal, director Aanand L Rai, Red Chillies Entertainment Pvt Ltd and The Central Board for Film Certification Chairperson and CEO. The makers of Zero have denied malicious intent of their actions.
Censor Board Turns Down ‘Marina Puratchi’ Again
Marina Puratchi, a movie produced by Naatchiyaaal Films and based on the Jallikattu revolution, has been banned by the Revising Committee of the Censor Board. While reasons for the denial of certification have not been specified by the Central Board of Film Certification, it has been reported that the film has been sent to the 2nd Revising Committee. The Director of the film, M.S Raj, has stated that the film is not meant to hurt the religious sentiments of any community and merely portrays certain truths.
Amendments to the Cinematograph Act, 1952 Underway
After a recommendation by the Department of Industrial policy and Promotion, the Ministry of Information and Broadcasting has considered the importance of including anti-piracy provisions within the Cinematograph Act, 1952 for penalising of illegal duplication of films in cinema halls. The Ministry has received representation from the visual entertainment sector to further an efficient amendment process. It is predicted that smuggling of films and similar creative work will be prevented to a large extent by way of the amendment.
FIR Filed Against Leak of Actress’ Private Photos
The Versova police station has registered an FIR against the online leak of private photos of actress Akshara Hassan were leaked online. A case has been filed on the grounds of defamation, transfer of offensive data by way of a computer resource and violation of privacy. The offender remains unidentified while the cybercrime cell is investigating the matter.
International Copyright News
ECJ Refuses to Grant Copyright for Taste
Levola Hengelo, the Dutch origin company, was denied a copyright for their cheese-spread called Heksenkaas (witches’ cheese) by Europe’s highest Court in Luxembourg. The denial was a result of an accusation by the cheese-maker alleging infringement of the copyright of taste of cheese by rival company Smilde Foods, also of Dutch origin. The European Court of Justice has stated that the claim is not valid because the taste of food products is not copyrightable.
Infringers to Pay Nintendo USD 12 Million
In a suit filed by Nintendo against a couple from Arizona, US, for infringing Nintendo’s copyright in its video games, the parties have reached a settlement. The terms of the settlement require the couple to pay Nintendo USD 12.23 million, and the destruction of all infringing video games (including digital files). As part of the settlement filing, Nintendo has also asked for a permanent injunction against the infringers to prevent the infringing activities from continuing. The filing of this suit has caused many sites offering retro games and emulator titles to shut down.
Licensing and Merchandising News
Photo Rights for Priyanka-Nick Wedding Sold
The rights to the photographs for the much-awaited wedding of Bollywood actress Priyanka Chopra and Hollywood singer Nick Jonas have been sold to an international magazine for USD 2.5 million (Rs 18 Crores). The name of the magazine is yet to be revealed.
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]