Copyrights Archives

Intellectual Property and Licensing- A presentation by Dr. Kalyan C. Kankanala at IIM-B

This presentation was delivered by Dr. Kalyan C. Kankanala to PGP-Enterprise Management students at IIM-Bangalore, as a part of their Business Law curriculum. The presentation entitles Intellectual property and Licensing covered the following topics- Idea- What is an idea, example, whether all ideas can be protected. Patent- What is a patent, term of a patent. Protection Strategy Spectrum Licensing Copyright- What is copyright, idea/ expression dichotomy, term of copyright. Protection with respect to copyright…

November 27, 2015 BananaIP Reporter Copyrights, Industrial Designs, Intellectual Property, IP Commercialization/Licensing, Trademarks 0Comment 706Views 1Like

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Access to Copyrighted Works for Persons with Disability- Conference at NLSIU

The Marrakesh Treaty, which focuses on the rights of the blind, visually impaired or print disabled persons, with respect to access to copyrighted works was signed on June 27th, 2013. The underlying objective of the Treaty has been to incorporate certain exceptions to the national laws of countries, in order to provide works in accessible format for persons with print disability. India became the first country to ratify the Treaty and displayed its allegiance to the cause. Bearing in mind…

November 25, 2015 BananaIP Reporter Copyrights 0Comment 757Views 0Like

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Exceptions for Access to the Blind

Provisions for facilitating access of copyrighted works to the disabled, including blind persons, were introduced in the Indian Copyright Act, 1957 in 2012. Limitations and Exceptions in the Indian Copyright Law can be categorized into two types: Fair Dealing exception for the disabled; and Compulsory License for making works accessible to the disabled. Fair Dealing ((Section 52(zb)) The use of a work for making it accessible to a disabled person is considered as fair dealing under the Indian…

November 25, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 1630Views 0Like

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Copyright Exceptions for Access to the Blind – Marrakesh Treaty

After several years of continuous effort, the MARRAKESH TREATY TO FACILITATE ACCESS TO PUBLISHED WORKS FOR PERSONS WHO ARE BLIND, VISUALLY IMPAIRED, OR OTHERWISE PRINT DISABLED was adopted in 2013. So far, 9 countries, including India, have ratified the Treaty, while 2 have acceded to it. The Treaty will come into force when 20 countries ratify it. Background A WHO report estimates that there are more than 285 million blind or visually disabled people in this world. It is estimated…

November 24, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 887Views 0Like

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Doctrine of Merger and Copyright Law

The fundamental rule of Copyright law is that facts and ideas are not copyrightable, it is only the creative expression of such ideas and facts that is rewarded by law, by conferring a privilege to exclusively exploit such expression for a limited time. However, not all expression are accorded protection under the Copyright Law. The law affords protection to expressions that are fixed in a medium and are ―original. Section 13 of the Copyright Act provides that ―original, literary, artistic,…

November 23, 2015 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 8827Views 0Like

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Statutory License for Cover Versions under the Copyright (Amendment) Act

In our post last week, we looked at statutory licensing for broadcast organizations specified under Section 31D of the Indian Copyright Act. As mentioned earlier, the objective of non-voluntary licensing is to overcome the difficulty of locating the original owner of the copyrighted work in order to obtain a license and to avoid the creation of monopoly of copyright owners. The Copyright Act similarly contains provisions for statutory licensing for cover versions under Section 31C. While Section 31D which talks…

November 23, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 2492Views 0Like

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The Diary of Anne Frank or Otto Frank?

“I wish to go on living even after my death” -Anne Frank, The Diary of a Young Girl This was just one of the famous lines that Anne Frank wrote in her diary - ‘Kitty’, which it was fondly referred to as by Anne when she penned her thoughts into it. Anne Frank, The Diary of a Young Girl or more famously known as the Diary of Anne Frank was a journal or a diary of a young Jewish girl…

November 23, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 861Views 0Like

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Thou can copy, oh Google. Tis legal!

The latest IP related news pertains to Google's digital copying of entire books as part of its Google Books service from Google Inc. The US Court of Appeals for the 2nd Circuit recently confirmed the decision of the District Court that the scanning activities of Google within its Library Project are to be considered a fair use of copyright works. The Plaintiff-Appellants, who are the authors of published books under copyright, appealed from the judgment of the United States District…

November 23, 2015 BananaIP Reporter Copyrights, Intellectual Property, IP Commercialization/Licensing 0Comment 746Views 0Like

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Machinima – Copyright and Related Issues – Part II

In our post last week, we discussed about the art of machinima, i.e. the use of visuals from a video game to create a cinematographic film. As machinima is a derivative work, using the characters and the environment from the game without the authorization of the game developers would usually constitute an act of infringement. However, many of the creators of machinima, or machinimators, rely on the fair use provisions in the event that a copyright infringement claim is brought…

November 23, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 919Views 0Like

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Technological Protection Measures

The Copyright Act, 1957 went through a major change in 2012. The amendment harmonised the copyright law with the “Internet Treaties”- the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT), making it capable of facing challenges posed by digital technologies. The Copyright Act, 2012 (hereinafter referred to as the ‘Act’) added new Sections, 65A and 65B, for protection against dodging of technological measures and protection of rights management information respectively. The provision under Section 65A sets out…