Copyrights Archives

YouTube ordered to take down copyright infringing material

On July 1, 2015, Google owned video-sharing website YouTube won a legal battle against German performing rights organization GEMA in a German regional court. GEMA had claimed that Youtube should be liable to pay each time a video of an artist, represented by GEMA is viewed. GEMA represents several composers, lyricists, music publishers as its members in Germany and collects their royalty fees. This is not the first time that GEMA has engaged in a legal feud with YouTube. Even…

July 8, 2015 BananaIP Reporter Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law 0Comment 629Views 0Like

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Featured image is of the launch of Amish Tripathi's book Scion of Ikshvaku, as the post is related to the book and the copyright dispute between Westland and Flipkart. To read the post click here.

Liability of E-Retailers – A Copyright Battle

Flipkart and Amazon (e-retail giants) are at loggerheads again. The matter concerns the online sale of Amish Tripathi’s book `Scion of Ikshvaku'. This time it is Flipkart which has been sued by the Westland, a Tata owned entity, for alleged infringement under both the copyright and IT Acts, for the unauthorized sale of the aforementioned book. According to Westland, they had entered into an exclusive agreement with Amazon for a period of two months to sell the book online. These…

July 6, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 591Views 0Like

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Padmini and ors.Vs.Raj Television Network Limited

Case title Padmini and ors.Vs.Raj Television Network Limited Citation Original Application No. 763 of 2013 in C.S. No. 686 of 2013 (Decided On: 13.04.2015) Facts The plaintiffs are the legal heirs of R Venkatraman, who produced the Tamil film ‘Ninaithale Inikkum’ in the year 1979, under the ‘Premalaya’ banner. In 1981 Mr Venkatraman assigned the copyright in the negatives, of both picture and sound, of the said film to ‘Kumar Pictures’, by way of an assignment deed, for a period of…

July 6, 2015 BananaIP Reporter Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law 0Comment 1345Views 0Like

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Featured image is of a computer code, as the post is based on it. To read the post click here

Copyright V. Privacy – Flash, Airtel, GitHub and Tejesh

Tejesh, based out of Bangalore, had allegedly discovered that browsing on Airtel's 3G network was being slowed down by code that helps Airtel generate revenue from data services offered by the telecom service provider. After making the discovery, Tejesh posted the code along with screen shots on Git Hub. In response, Flash Networks, the owner of the code sent a cease and desist notice to Tejesh alleging copyright infringement. It also sent a DMCA take down notice to Git Hub,…

June 17, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 704Views 0Like

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Featured image is of jazz artist Billie Holiday as she sang the most famous version of "These Foolish Things", the song on which the post is based. To read the post click here

Copyright Dispute between Music Publishers

American music publisher, Bourne Co., co-founded in 1919 by songwriter Irving Berlin, has initiated a copyright dispute lawsuit before the New York Supreme County Court against the UK-based Booey & Co. Ltd. alleging conspiracy to deprive Bourne Co. of its share of rights in the highly popular song ‘These Foolish Things’ written by Eric Maschwitz and Jack Strachey. Released in 1936, renditions of the song were recorded by various artists including Billie Holiday, Bing Crosby, Ella Fitzgerald as well as…

June 17, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 786Views 0Like

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Copyright Contract Case: Phoolan Devi

There are some situations where contracts and Copyright Law overlap. You may have licensed your work to somebody else, transferring the copyrights you own over it, but there are still cases where you can claim authorship rights after the transfer. In this post, I shall be analyzing 2 cases in the Media & Entertainment industry where Section 57 of the Copyright Act can have an effect on Contracts for licensing of any literary, dramatic, musical and artistic work. One of the…

June 8, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 1873Views 0Like

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Fighting Pirates – Copyright v. Privacy

The conflict between copyright enforcement and privacy has been one of the stumbling blocks in fighting online piracy. While proof of direct infringement by internet users is an essential element for action against online pirates, privacy of user data is an essential mandate to live and transact on the world wide web. Owing to privacy responsibilities of Internet Service Providers (ISPs), copyright holders find it very difficult, or impossible, to acquire details of internet users involved in downloading, uploading and…

May 21, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 660Views 0Like

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Models Sue for “use of persona”

Five US models sued FashionGlama.com and two individuals for the use of their photographs (use of persona) for escort services, and on pornographic websites. These models had allegedly signed 6-month contracts for modelling services, and were shocked to find their photographs on unwelcome websites. The suit alleges fraud, misrepresentation, unauthorized use of photographs (use of persona), breach of reputation, and intentional infliction of emotional distress. Though rarely pursued, such issues are very common in the Indian context as well. More…

April 22, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 718Views 0Like

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This image depicts the title creativity. This image is relevant because this post talks about the real role played by IP protection in creativity. Click on the image to view full post.

Role of Intellectual Property in Promoting Creativity

Does the Intellectual Property Regime play a role in promoting creativity? As stated by most governments, the objective of patent, copyright, design and other laws is to promote the progress of inventive activity and creativity. Are these laws actually achieving their stated objective? While most of us would like to believe that they are, no empirical study has been able to conclusively prove so far that IP laws actually promote creativity. The logical question that follows would be whether we…

April 9, 2015 BananaIP Reporter Copyrights, Intellectual Property, Patents, Trademarks 0Comment 735Views 1Like

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Activision’s “Copyright strikes” spark outburst in Call of Duty gamers!

In a wide array of videos popular on YouTube, gameplay videos have quite a fan following. These videos involve gamers playing some of the most popular games, for viewers to watch. While copyrights over such games are reserved with the developers, they often face allegations of copyright infringement. YouTube, in its attempts to discourage such infringing videos, has introduced “copyright strikes” whereby the account flagged by the content owner for alleged infringement receives a copyright strike from YouTube restricting the…

April 6, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 1660Views 0Like

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Celebrating 20 Years of IP Excellence

YouTube ordered to take down copyright infringing material

Liability of E-Retailers – A Copyright Battle

Padmini and ors.Vs.Raj Television Network Limited

Copyright V. Privacy – Flash, Airtel, GitHub and Tejesh

Copyright Dispute between Music Publishers

Copyright Contract Case: Phoolan Devi

Fighting Pirates – Copyright v. Privacy

Models Sue for “use of persona”

Role of Intellectual Property in Promoting Creativity

Activision’s “Copyright strikes” spark outburst in Call of Duty gamers!

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