Media and Entertainment Law Archives

The featured image shows a mic in a sound recording studio. To read more about this, click here. Entertainment Law and Copyrights: Sound Recording, Literary & Musical Works and Right to Royalty – Part 3

Sound Recording, Literary & Musical Works and Right to Royalty

Continued from Part 2, read part by clicking here. Music Broadcast Private Limited v. Indian Performing Right Society Limited, SUIT NO. 2401 OF 2006 Facts of the case The Plaintiff (Music Broadcast Private Limited) engaged in business of establishing, operating and maintaining FM Radio broadcasting stations in various cities of India sought a declaration that the Defendant (IPRS) is not entitled to demand or recover royalty and/or license fee in respect of broadcast of sound recordings at its FM Radio…

April 8, 2017 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 1478Views 0Like

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The featured image is the photograph of singer S.P. Balasubramaniam. To read this post of the Ilayaraja and SPB copyright case, click here.

Ilayaraja v. S.P. Balasubramanyam

Ilayaraja's copyright notice to S.P. Balasubramanyam asking the singer to pay royalties for performance of his musical compositions in USA has provoked debates, arguments and discussions on various fronts. To the question, does S.P Balasubramanyam need a license to perform his own works (songs he sang and recorded for films)? ; The answer is a simple and straight forward – Yes! S.P Balasubramanyam has to take two licenses for each song he wishes to perform - one for the lyrics,…

March 28, 2017 Dr. Kalyan C. Kankanala Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 2616Views 0Like

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The featured image shows a parental advisory label. The image reads "Parental Advisory, explicit content". To read the post, click here.

Film Expression and Censorship in India: Intelligent, Informed Spectator standard (Part 5)

Continued from Part 4 , read part 4 by clicking here . Any concerns with respect to the content of films after certification may be addressed using the well accepted contemporary social standards test.[12] In other words, a film's contents must be assessed based on today's social context, norms and standards. The test must therefore assess a film from the stand point of today's spectator, and not a spectator of the last century. Intelligent, Informed Spectator The contemporary spectator, whose disposition…

March 25, 2017 Dr. Kalyan C. Kankanala Intellectual Property, Media and Entertainment Law 0Comment 900Views 0Like

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The featured image reads "Government censorship protecting you from reality". To read what this is about, click here

Review Committee Reports, Benegal Committee report, Mudgal Committee report, Censorship Model (Part 4)

Continued from Part 3 , read part 3 by clicking here . Review Committee Reports The Benegal Committee and the Mudgal Committee constituted in 2016 and 2013 were tasked with the job of making recommendations for the process of film certification in India, Uniform, Non-Discriminatory and Non-Discretionary among others.[11] Though both the reports agree that the existing system of film certification is fraught with subjectivity, they diverge in their recommendations for making it objective. While the Mudgal Committee, in line with…

March 24, 2017 Dr. Kalyan C. Kankanala Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 1813Views 0Like

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Film Expression and Censorship in India: Udta Punjab and Lipstick under my Burkah (Part 3)

Continued from Part 2, read part 2 by clicking here. Select Censorship Cases Religion, Women, Drugs, Decency, public order, Sovereignty and Integrity, all form the basis for CBFC's decision with respect to Udta Punjab, Had Anhad and Lipstick under the Burkah films. The disputes and controversies around the said films reflect the subjectivity inherent in CBFC's assessment and judgment. The fact that the Courts reversed all excisions made by the CBFC in two of the cases leads one to conclude that…

March 23, 2017 Dr. Kalyan C. Kankanala Media and Entertainment Law 0Comment 2695Views 0Like

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The featured image reads "The worst thing about censorship is (the text after this line is blocked with a black tape". This image very aptly indicates censorship. To read more click here.

Film Expression and Censorship in India: Film Certification Principles, CBFC Guidelines and Principles (Part 2)

Continued from Part 1, read part 1 by clicking here. Film Certification Principles The guidelines issued by the Central Government under the Act and the principles therein guide the CBFC in forming opinions and making decisions with respect to certification.[7] The Guidelines expound the permissible restrictions under the constitution and the provisions of the Act. They broadly capture the principles based on which prior restraint may be imposed on films submitted for certification. Guidelines and Principles The…

March 22, 2017 Dr. Kalyan C. Kankanala Intellectual Property, Media and Entertainment Law 0Comment 1237Views 0Like

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Film Expression and Censorship in India: An Introduction (Part 1)

Expression in the form of films is unique and special in many ways. Films merge life-like moving pictures, sounds, and other effects to tell a story, or send a message unlike any other form of expression. When the film is shown to a captive audience in a closed, dark environment, with the aid of advanced technology, its impact is heightened substantially. It is believed that one does not experience the same euphoria, emotion and engagement if the same film is…

March 21, 2017 Dr. Kalyan C. Kankanala Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 1485Views 0Like

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The featured image shows a green school board on which the following words appear to be written by chalk. The words read "Copyrights, Media & Entertainment Law news : Weekly updates". To get your weekly updates and news on IP, click here.

Copyright Infringement, Entertainment tax, Beauty and the Beast, Swarovski, Copyright tips and more

Copyright Infringement, Entertainment tax, Beauty and the Beast, Swarovski, Copyright tips and more, presented by the Media & entertainment law attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm. Quote of the Week "Kill Piracy; Save Creativity." - Pirates of Bollywood, Dr. Kalyan C. Kankanala, Renowned IP Attorney, Author and Professor. Recent entertainment case laws MSOs and local cable operators liable to collect and pay entertainment tax to the government. Responding to the pleas filed by multi-system operators (MSOs) and…

March 17, 2017 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 804Views 0Like

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Rangoon movie, Facebook Licensing, DC Super Hero Girls, Special 301 and more

This weekly update on Copyrights, Media and Entertainment Law is brought to you by the Entertainment Law experts of BananaIP (BIP) Counsels. Thought of the Week "Of all the creative work produced by humans anywhere, a tiny fraction has continuing commercial value. For that tiny fraction, the copyright is a crucially important legal device." - Lawrence Lessig Copyright Infringement Case updates Kangana and Rangoon team land in murky waters of copyright infringement Film production company Nadia Movietone Pvt Ltd. has filed a copyright…

February 24, 2017 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law, Patents 0Comment 809Views 0Like

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Hrithik, Beyonce, Infringement, Bombay High Court

This weekly update on Copyrights, Media and Entertainment Law is brought to you by the Entertainment Law experts of BananaIP (BIP) Counsels. Thought of the Week: “Only one thing is impossible for God: To find any sense in any copyright law on the planet” - Mark Twain Copyright Cases Bhaktivedanta Book Trust (BBT) sues Thomson Press The Bombay High Court has recently granted a stay order in response to an injunction suit brought about by the Bhaktivedanta Book Trust (BBT),…

February 17, 2017 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law, Publicity Rights/ Celebrity Rights 0Comment 785Views 0Like

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Celebrating 20 Years of IP Excellence

Sound Recording, Literary & Musical Works and Right to Royalty

Ilayaraja v. S.P. Balasubramanyam

Film Expression and Censorship in India: Intelligent, Informed Spectator standard (Part 5)

Review Committee Reports, Benegal Committee report, Mudgal Committee report, Censorship Model (Part 4)

Film Expression and Censorship in India: Udta Punjab and Lipstick under my Burkah (Part 3)

Film Expression and Censorship in India: Film Certification Principles, CBFC Guidelines and Principles (Part 2)

Film Expression and Censorship in India: An Introduction (Part 1)

Copyright Infringement, Entertainment tax, Beauty and the Beast, Swarovski, Copyright tips and more

Rangoon movie, Facebook Licensing, DC Super Hero Girls, Special 301 and more

Hrithik, Beyonce, Infringement, Bombay High Court

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