“Big Pimpin”, Jay Z’s chart topping rap number had been at the center of a longstanding copyright lawsuit. The law suit was initially filed in 2007 by Osama Fahmy, nephew of Egyptian composer Baligh Hamdi, whose song ‘Khosara Khosara’ was partially featured in the 2000 hit. Last week the US District Court in Los Angeles ruled that Mr. Fahmy ‘lacked the standing' for his copyright lawsuit against both Jay Z (Shawn Carter) and producer Timbaland (Timothy Mosley).
A flute riff…
The IP dispute discussed in this post pertains to the property of the most beloved superhero. United States Court of Appeals was asked to decide over the copyright and trademark infringement action brought by DC Comics against a maker of Batmobile replicas.
DC Comics, copyright owner of the Batman comic books, brought a law suit against Defendant Mark Towle who was accused of producing replicas of “Batman’s sidekick” Batmobile as it appeared in both the 1966 television show and the…
Salman Khan starrer Bajrangi Bhaijaan is making news again. But this time it isn’t because it’s breaking any box office records. The film is now facing a Rs. 50 crore copyright infringement suit.
The story goes something like this, Mahim Joshi, a writer, director and TV producer registered his story with the Indian Film and Television Producers Council and the Association of Motion Pictures and TV Programme Producers, in July of 2007. After which he approached Suresh Oberoi and son…
This post exhibits the statistics of IP litigation in India in the past decade.
The following table displays the statistics that were arrived at after conducting a search on Manupatra . It tabulates the estimated number of decisions passed by the Supreme Court and High Courts with respect to patents, trademarks and copyrights in the past decade.
IP Decisions Passed by SC and HCs from 2004 – 2014
Year
Number of Decided Cases for Patent
Number of Decided Cases for Trademark
Number of…
This presentation was delivered by Dr. Kalyan C. Kankanala at GNLU as a part of the entertainment law course offered for LLB students. The presentation covers:
• Introduction to copyright law and philosophy of copyright law;
• Copyrightability - Idea/Expression Dichotomy, Ideas and Expressions, Originality, Modicum of Creativity - tests;
• Abstraction of expressions from ideas, public domain works, facts, common scenes, concepts, themes, etc;
• Copyrightable Subject Matter - Works protected;
• Rights granted to each type of work, and differences in rights;
•…
A recent legal decision pertains to an interim injunction granted by Delhi High Court against a public broadcaster. Doordarshan India's Central Government founded public service broadcaster, a division of Prasar Bharati, was in the legal broil for indemnifying itself from legal liability rather than acting in the interest of public which in turn contributed in cooperating in the copyright and moral rights infringement perpetrated by the producer against author and artist.
Hon’ble High Court of Delhi issued an interim injunction…
Malibu Media runs a website X-art.com, which hosts short erotic films. It is a subscription based website and claims to have more than seven hundred erotic videos. The website claims to host videos of gorgeous models from USA, Europe, South America, etc. Subscription plans on the website range from 19.95 dollars to 99.95 dollars.
Sometime in 2011, Malibu Media realized that the business is not growing owing to wide spread piracy of its videos on Bit Torrents and by other…
First there was the selfie and then came the Monkey Selfie. Who can forget the series of selfies taken by the six-year-old crested macaque Naruto, who was singlehandedly responsible for the selfie evolution. A place which evens the selfie stick couldn’t take. To jog you memory, here is a brief back ground- English photographer David John Slater, on a trip to the Indonesian National Park, had left his camera without any supervision. The camera landed in the hands of Naruto,…
'Happy Birthday' song is considered to be the most sung song in the world. The song is not only rendered on birthdays, but also captured in various forms such as sound recordings, videos, etc. A search on YouTube with the phrase, 'Happy Birthday', yields About 3,770,000 results, indicating its popularity. The 'Happy Birthday' song includes two elements, lyrics and musical composition. Simply put, it includes the words and the tune.
Warner/Chappell Music was claiming copyright ownership of the lyrics, and…
In a recent decision by the 11th Circuit Court in USA, Katz v. Chevaldina, the question of whether using a photograph to criticize a person's business activities amounted to copyright infringement was raised. The Court answered that it was not copyright infringement, but amounted to fair use as the use was for criticism and transformative. The Court also pointed out that the use lacked any commercial advantage to the blogger, and was strictly meant for criticism.
Brief background is as…