This post was first published on 28th June, 2014.
The 2012 Copyright Amendment codified Statutory Licenses for radio broadcasting and has added television broadcasting to be within the scope of the license. Section 31D deals with statutory licenses for broadcasting. It reads as follows:
"31D. Statutory licence for broadcasting of literary and musical works and sound recording.
(1) Any broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical…
This post was first published on January 22, 2011.
We all love reading. Fiction, Non- fiction, Self Help, Post Modern Literature, Verse, and Limericks -our tastes vary. It’s a point to be noted that the authors of the books we love reading so much write exercising the faculties of their brains, ideas stemming from their brains and then expressing it in words, putting it in paper. Therefore, it’s very important that the authors have full right over their creation. But,…
This post was first published on 27th June, 2014.
The owner of the copyrights of any work may grant a license under the Copyright law to authorize a third party to use and distribute the copyrighted work. A copyright license may be exclusive or nonexclusive.
The term Exclusive License is defined in section 2(j) of the Copyright Act to mean and include a license which confers on the licensee and the persons authorized by him, to the exclusion of all other persons,…
This post was first published on 27th June, 2014.
The Copyright Amendment of 2012 moved the provisions with respect to cover versions of sound recordings out of fair dealing provisions under Section 52, into a specific statutory license provision. Making version recordings, re-recording of prior sound recordings, was earlier permitted under the Copyright Law, but codifying it as a statutory license provision formalizes the said activity in many ways. Furthermore, Section 31C, which deals with statutory licenses for cover versions clearly…
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 Gawker, a magazine on a lookout for juicy news in the entertainment biz, reported the leak of Tarantino's unpublished work by providing a direct link to the copyright protected "leaked script" for the film, "The Hateful Eight".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…
Telugu Remake of Band Baaja Baaraat Restricted from Being Released in Any Format; India Inc. Loses 12.8 Cr. to Data Breach; YouTube Improves its Manual Copyright Claims System; New Zealand Contemplates Amendments in its Copyright Law; The Copyright Alternative in Small-Claims Enforcement Act (CASE) to be Passed in the US; Plex-The New Custom Streaming Service; Netflix Launches a New Mobile Plan in India; Google Launches its Shopping Platform in the US; Alibaba Supports SME’s in the US to Connect Globally;…
This post was first published on 26th June, 2014.
This post is in continuation of my earlier post regarding the meaning and principles behind copyright assignments in India. In this post, we will be specifically addressing the factors that should be taken into account while preparing an Assignment Deed and License Agreement.
Section 19 of the Copyright Act, 1957 as amended in 2012, lists certain exhaustive factors that should be taken into consideration by the parties involved, while preparing an Assignment…
This post was first published on 4th August, 2014.
On 28th July, 2014, the Karnataka State Government passed a legislature, under which a person can now be arrested in Karnataka even before he/she commits an offence, under the IT Act. Shocking, isn't it? Let's shed some more light on it. In case you own a Smartphone and have a WhatsApp account, if the government thinks you are planning to send a 'lascivious' photo to a WhatsApp group, or forward a Copyrighted Song to a…
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…
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…