Copyrights Archives

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 1274Views 0Like

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Batmobile – Supercar or Character?

This post was published on 18th March, 2014. In a copyright infringement suit between the DC comics (Plaintiff) vs. Mark Towle (Defendant) the United States Court of Appeals for the Ninth Circuit is to decide whether the Batmobile is protectable under copyright laws. Batmobile is a renowned vehicle that the caped crusader a.k.a. Batman uses for fighting crime in the city of Gotham. Known for its aesthetics, aerodynamics, and features such as jet engine afterburner, torpedoes/missile launchers, automatic tire inflator and…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 1052Views 0Like

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The image has a huge copyright sign at the center of it. The post is about copyright assignment. Click on image to view post.

Conceptualizing Copyright Assignments & Licenses Part – I

This post was first published on 25th June, 2014. This blog series is intended to conceptualize the principles behind copyright assignments and licenses. Copyrights, like any other Intellectual Property Rights are considered a part of Property Rights and hence can be transferred just as corporeal properties. This transfer of ownership under Copyright Law happens in three different ways; first, by executing an Assignment deed; Second, by executing a License Agreement; and third, by transmission of rights by way of operation of law. In…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property 0Comment 1174Views 0Like

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Clips of Copyrighted Material Constitute FAIR USE!

This post was first published on 19th September, 2014. In a recent copyright dispute, a New York Court recently held that a database providing for television clips and snippets of transcript constitute fair use, protecting it from allegations of copyright infringement. TVEyes is a company that monitors and records all contents broadcast by more than 1,400 television and radio stations and transforms this content into a searchable database for its subscribers. TVEyes allows its subscribers to use search terms and obtain transcripts and video…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property 0Comment 972Views 0Like

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The image has green lines over black background to indicate digital information. The image is relevant as the post is about IP protection of Computer Programs. Click on image to view post.

Intellectual Property Protection for Computer Programs – Part II

This post was first published on 1st September, 2014. In continuation to the previous post in the series, we shall now be looking into the system of IP protection for computer programs that existed prior to the adoption of Copyright and Patent Laws. Though it can be said that Copyright and Patent Laws are the more popular systems of IP protection for computer programs, it was Trade Secret Law that was initially resorted to for the protection of software, primarily because, previously, computer programs bundled…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 876Views 0Like

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OSS License Compliance – Source Code Not Enough

This post was first published on 17th January 2011. Open Source Software adoption has taken a large stride in 2010. and so did enforcement of OSS licenses. Software Freedom Law Center has been taking the lead by filing suits against GPL violations. Despite the increasing number of OSS suits, none has till date gone the full distance. The cases are generally settled through compliance, withdrawal and/or payment of compensation.The recent withdrawal of an Open Source Software after alleged violation of GNU…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property, IP Commercialization/Licensing, Open Source Licensing 0Comment 969Views 0Like

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This Image depicts a seedling is being protected by two hands on it This Image is relevant as the article deals with the Copyrights and protection of ideas. Click on this Image for more Information.

Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part V

This post was first published on 11th August, 2014. Last week, we discussed the Urmi Juvekar Chiang case. Today we will look at the case of (1) Mr. Anil Gupta and (2) Another. vs. (1) Mr. Kunal Dasgupta and (2) Others - A landmark case, indeed, in the area of protecting ideas and concepts. This case elucidates the dos and don'ts of Idea Protection and Breach of Confidence in the Entertainment Industry. Plaintiff No. 1 - a Media Consultant Defendant No. 2 - a…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property 0Comment 3404Views 0Like

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Harmonious Construction Can Ignore the Term Clause

This post was first published on 25th May, 2012. The plaintiff Shemaroo Entertainment Ltd. has filed this petition in the Delhi High court against Amit Sharma & others. The case has been decided on 16th May 2012. Shemaroo Entertainment Ltd. contended that it held copyrights over the song “Thodi si jo pee le hai” from the movie “Namak Halal” and prayed towards restraining the Defendants from using the “Thodi si jo pee le hai” in their film “Department”; from releasing or…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property 0Comment 715Views 0Like

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This Image depicts the Copyright License Agreement. . This Image is relevant as the article deals with the Section 31(d) of the Copyrights Amendment Act,2012. Click on this Image for more Information.

This post was first published on 4th September, 2014. The Copyright Amendment Act, 2012 has incorporated a new section into Chapter VI of the Copyright Act, which authorizes the Copyright Board to grant licenses to communicate to the public by way of performance of a literary or musical work and sound recording, which has already been published after paying Royalty fixed by the Board. One question that is frequently raised with respect to this section is its relevance and applicability to…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property 0Comment 1360Views 0Like

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The image shows a man holding a placard reading "Will work. Made for Hire". The post is about works for hire. Click on image to view post.

Works Made for Hire and Film Production – Part I: Notes on Copyright Amendment, 2012

This post was first published on 24th June, 2014. 'Made for hire' works are of two types: a. Works created under a contract of employment or apprenticeship (Contract of Service); and b. Specially commissioned works (Contract for Service). Copyright Law, with respect to works made for hire is codified under Section 17 of the Indian Copyright Act. Clauses (b) and (c) of the section are specifically relevant to this article. They read as follows: "17. First owner of copyright... (b) subject to…