Fair Use Archives

Youtuber Held Liable for Unauthorized Use of Trademarks: Dabur India Limited v. Dhruv Rathee and Ors.

The petitioner, Dabur, who is the manufacturer of beverages under the name “Real”, is alleging that a Youtuber named Dhruv Rathee published a video tarnishing the petitioner’s brand reputation. The video also depicted an earlier advertisement aired, as well as a distorted image of the petitioner’s product Real, which infringes upon its trademark and copyright rights. The Calcutta High Court held that the acts of the respondent infringed upon the petitioner’s rights under section 29 (9) of the Trade Marks…

March 27, 2023 BananaIP Reporter Case Study, Copyrights, Intellectual Property, Trademarks 0Comment 1618Views 0Like

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Upcoming IP Event: When Do You Really Need a Music License? (24th January, 2020)

BananaIP Counsels, through Intellepedia, is happy to announce a seminar titled “When Do You Really Need a Music License?”, an event for live performers, musicians, event organisers, and venue managers, on 24th January, 2020 at its office. You may register online for the event here: Register Online Event Information You do not always need a copyright license or permission for using recorded music, lyrics or musical compositions. While some uses require you to pay and get a license, many uses do not require…

January 13, 2020 BananaIP Reporter Copyrights, Intellectual Property 0Comment 885Views 0Like

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It is Fair and Enabling – Data Mining from JNU Depot

Author: Dr. Kalyan C. Kankanala Data Mining in today's context is not limited to collection, organisation, management, searching and displaying of relevant data, it means much more than that, and includes creation of information, knowledge and intelligence from data sets, among others. At a basic level, data mining involves extraction of data, which is mostly done by using data mining software, applications or tools, and analysing the extracted data for a defined purpose. The data sets extracted may be further used…

September 1, 2019 Dr. Kalyan C. Kankanala Copyrights, Intellectual Property 0Comment 1422Views 0Like

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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…

August 30, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law, Social Media Law 0Comment 1089Views 0Like

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This image depicts the word Engineer written in the reverse way. This image is relevant as the issue here is whether is it legal to reverse engineer the engineered. Click on the image for more information

Is it Legal to Reverse Engineer the Engineered?

This post was first published on September 24, 2014. Shoppers would agree with me when I say that while purchasing something, I need to feel a connect with it. Once I have found that connection, a feeling of possession sets in and I know that the article, which until recently was only lying in a shop somewhere, is now mine. This feeling of possession of an inanimate article may lead us to believe that anything can be done to it, which would legally be…

August 20, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law, Patents 0Comment 1858Views 0Like

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The image is a picture of Quintin Tarantino. The post is about a copyright claim by him. Click on image to view post.

Is Reporting Leaked & Copyright-Protected Material Equal to Contributory Infringement?

This post was first published on 17th May, 2014. "No", says a federal judge in California, dismissing Hollywood's star director, Quentin Tarantino’s claim against Gawker Media, LLC. Gawker, a magazine on a lookout for juicy news in the entertainment biz, reported the leak of Tarantino's unpublished work by providing a direct link to the copyright protected "leaked script" for the film, "The Hateful Eight". Tarantino, a multiple Oscar winning/nominated writer-director, discovered that his copyright protected script was leaked. Gawker, on its website, reported the leaked Tarantino’s…

July 26, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 2859Views 0Like

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The image has multiple copyright symbols in different colours. The post discusses some cases on fair use exception. Click on image to read post.

Fair Use vs. Copyright Infringement

This post was first published on 1st September 2014. 1. Cariou vs. Prince Photograph: Patrick Cariou - 2000; Adaptation: Richard Prince – 2008(both via artnet) Richard Prince, the well-known appropriation artist - one who transforms the work of others to create new meaning in his work was sued by Patrick Cariou, a lesser-known photographer when Prince used several of Cariou’s photographs in a series of collages that were sold for tens of millions of dollars. Richard Prince, for an exhibition in…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 1251Views 0Like

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This image depicts two person trying to put the puzzle together. This image is relevant as it was decided in the case of Sega vs Accolade that Reverse Engineering is limited by Reason. Click on the image for more information

Reverse Engineering is Legitimated by Reason: Sega v. Accolade

This post was first published on 11th November, 2014. In one of our recent posts on reverse engineering, we discussed fair use for intermediate copying. Today, we will look into another landmark case that legitimizes copying based on a justifiable reason! In Sega v. Accolade, Accolade used a two-step process to create video games compatible with the Sega Genesis game console. The first step was to reverse engineer the system and create a development manual. Accolade purchased a Genesis video game console and three…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law, Patents 0Comment 1197Views 0Like

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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

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…

June 7, 2019 BananaIP Reporter Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law, Social Media Law 0Comment 1054Views 0Like

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My Fair Writer – Fair Use Principles for Writers: Copyrights and Writers Part 12

As discussed in the previous post, the unauthorised exercise of any exclusive rights in a copyrighted work amounts to copyright infringement. However, copyright law provides certain exceptions to this rule, which are known as ‘fair use’ exceptions. Although the Copyright Act provides for a number of exceptions, this post discusses only the few exceptions which are relevant for writers. Fair Dealing Works belonging to another person may be copied for various purposes like research, criticism, reporting of current events. However,…

March 18, 2019 BananaIP Reporter Copyrights, Intellectual Property 0Comment 876Views 0Like

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Celebrating 20 Years of IP Excellence

Youtuber Held Liable for Unauthorized Use of Trademarks: Dabur India Limited v. Dhruv Rathee and Ors.

Upcoming IP Event: When Do You Really Need a Music License? (24th January, 2020)

It is Fair and Enabling – Data Mining from JNU Depot

Is it Legal to Reverse Engineer the Engineered?

Is Reporting Leaked & Copyright-Protected Material Equal to Contributory Infringement?

Fair Use vs. Copyright Infringement

Reverse Engineering is Legitimated by Reason: Sega v. Accolade

My Fair Writer – Fair Use Principles for Writers: Copyrights and Writers Part 12

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