Quick bite: Dear readers, the following post is brought to you by the Media and Entertainment law experts of BananaIP (BIP)Counsels. This post is the first in its series and promises to engage your grey matter. This post will essentially help you understand the Entertainment Law and Copyrights surrounding Royalty Rights in Sound Recordings, Lyrical & Musical Works.
Colloquially used word music/song is more than melody or harmony reduced to print, writing or graphic form[1]. Music is a language with a…
Google and its subsidiary YouTube were caught in a crossfire in India when Lebara Foundation a non-profit philanthropic institution supporting communities to address the welfare of vulnerable and displaced children, filed a defamation suit over an allegedly defamatory video posted by an uploader named Marupakkam Seithigal on YouTube. A Single bench (Justice MM Sundresh,) of the Madras High Court allowed Lebara’s applications seeking the IP address of those responsible for uploading a ‘defamatory’ video. The court said “If a person…
Facts
IPRS (Indian Performing Right Society) has its grievance against the broadcasters of Private FM Radio Channels and Event Organizers for paying royalties to only the owners in copyright of the sound recording but not to the authors of the lyrical or musical scores. The Single bench of the Delhi High Court Justice S.Ravindra Bhat ruled in favor of the radio broadcasting channels and IPRS then appealed to the Supreme Court, which delivered its judgement in September.
Question of Law
The question…
The Indian Singers Rights Association v. Chapter 25 Bar and Restaurant
Citation:CS (OS) 2068/2015 & IA No. 14261/2015
Facts
The Defendant in this case, Chapter 25 Bar and Restaurant during the month of April 2015 had been illegally communicating to the public numerous songs containing performances of various member singers of the Plaintiff copyright society, Indian Singers Rights Association (ISRA), without obtaining appropriate clearance from ISRA and paying the requisite royalty fee. ISRA had issued a legal notice against the Defendant…
We all know Donald Trump is a presidential hopeful, has been a savvy business man and somehow always manages to make or stay in the news. This time however it is not his doing. The Democratic National Committee (DNC) has come up with a mascot which bears a striking resemblance to a famous Disney duck, but with the slight variation of Trump's blond mop of hair. The mascot is called “Donald Ducks” and will be used by the committee to…
Another film met the fate of being brought before the court in the 11th hour for plagiarism. The film Mohenjo Daro, directed by Ashutosh Gowarikar is scheduled for release on 12th August 2016. The movie was brought before the Bombay High Court with a claim that it was a product of plagiarism. But the film triumphed its first ever legal battle.
The Plaintiff, Mr. Akshayaditya Harishchandra Lama ("Lama") claimed that the 1st Defendant, Mr. Ashutosh Gowarikar directed film Mohenjo Daro…
Fashion houses rarely stay out of the news, especially when it comes to IP related matters. Recently the English luxury fashion house Burberry sued rapper and music producer Burberry Perry (real name Perry Moise). Can anyone take the hint, why Mr. Perry was sued? Yes, it’s a no-brainer, for trademark infringement and dilution. Besides using the name of the fashion label as a part of his stage name, the rapper also used Burberry’s trademark check print and the equestrian logo…
This post discusses the latest development relating to the movie ‘Sultan’. The movie was released today, i.e.on 6.07.2016. Ahead of the release of the much awaited movie ‘Sultan’, Yash Raj Films approached the Bombay High Court ,seeking for an interim injunction to fight piracy. Yash Raj Films filed an application after they came across websites hosting several links to download the yet to be released movie ‘Sultan’. These links although dormant at the time of making the application are bound…
Udta Punjab, the recently released bollywood movie on substance abuse prevalent in Punjab has been mired in controversy from the beginning. Earlier, when the movie had commenced its shooting,the production unit faced trouble for not taking mandatory permission from the district administration and police authorities of Amritsar. However, recently the movie drew attention due to its certification and censorship by the Central Board of Film Certification (CBFC) which became the bone of contention between the producers and the CBFC. In…
“Submitting to censorship is to enter the seductive world of ‘The Giver’: the world where there are no bad words and no bad deeds. But it is also the world where choice has been taken away and reality distorted. And that is the most dangerous world of all “ – Lois Lowry
Indian film fraternity has now entered a new era where both realistic films as well as commercial films are equally appreciated by audiences. The success of Gangs of…