Media and Entertainment Law Archives

Digital License Agreement -Part II

Licensing of creative content like cinematographic films or sound recording through digital platforms forms an integral part of the entertainment business. This post is in continuation of our previous post about the structure of a Digital Licensing Agreement. In addition to the definitions, grant of license and the consideration clauses in a standard license agreement, the parties must ensure that the following clauses are also included in the Digital License Agreement: Representations and Warranties : It is essential to…

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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 8725Views 0Like

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Statutory Licensing for Broadcasting Organisations

The objective of non–voluntary licensing is two-fold. First, to overcome the difficulty of locating the correct owner of the copyrighted work and getting an individual license from him and second is to avoid the creation of monopoly of copyright owners. The result the state looks at achieving from this provision is ensuring public dissemination and authors' compensation and avoiding market monopoly. The Copyright (Amendment) Act, 2012 has incorporated a new section into Chapter VI of the Copyright Act, which…

November 16, 2015 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 806Views 0Like

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Essential Clauses of a Digital License Agreement

With the development and widespread use of internet and digital networks, we are now witnessing a revolution as to how copyrighted contents are acquired, displayed and disseminated. In the pre-internet days, there were limited options for distribution and exhibition of copyrighted contents. For example, the distribution of cinematographic films was limited to cinema halls and video cassettes. The internet revolution has opened several doors for content owners by creating new modes and formats of exploitation. Licensing out, creative contents like…

November 16, 2015 BananaIP Reporter Intellectual Property, Media and Entertainment Law 0Comment 1694Views 0Like

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Social Media and Intellectual Property (Part VI): Select Copyright Cases

This post briefs three copyright cases that provide insights into copyright issues with respect to content posted on Social Media platforms. Scrabble v. Scrabulous In 2008, two Indians Rajat and Jayant Agarwalla, launched a Facebook App called 'Scrabulous.' It was a word game similar to Scrabble. Initially Mattel, and later Hasbrow, right holders of the Scrabble game sued the Agarwalla brothers for both copyright and trade mark infringement at the Delhi High Court. After reviewing the facts, the Delhi High…

November 16, 2015 BananaIP Reporter Intellectual Property, Media and Entertainment Law, Publicity Rights/ Celebrity Rights, Social Media Law, Trade Secrets, Trademarks 0Comment 1092Views 0Like

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Social Media and Intellectual Property (IP): Part I- Protection and Ownership

Social Media comes with a bundle of tools that differentiate it from traditional print and electronic media. Among others, two unique elements of Social Media are: Tools for sharing and dissemination of content and information across the world; and tools to communicate and exchange information. These two elements make Social Media a much more powerful weapon than traditional media. Access to most social media platforms requires internet, of which there is no dearth in today's context. It is estimated that…

November 11, 2015 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law, Patents, Social Media Law, Trade Secrets 0Comment 2918Views 0Like

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Even death won’t do us apart

There are celebrities, and then there are icons. And one name that probably tops the list of icons is Marilyn Monroe. The blonde actress never ceased to be out of the headlines when she was alive, and even when she is no more, her estate is fighting tooth and nail to keep her memory alive. However, the route taken to do so is not particularly agreeable, to say the least. Monroe’s estate has been fiercely litigious and has gained notoriety…

November 9, 2015 BananaIP Reporter Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law, Publicity Rights/ Celebrity Rights 0Comment 903Views 0Like

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Movie making – A tale of woes.

“We don’t make movies to make money; we make money to make more movies.” - Walt Disney Movie Producers or Movie Production houses are often referred to as money making machines, but where there are riches; there are also a multitude of woes. In this post, we speak about some of the legal challenges that movie producers often face. Keeping in mind that it is always easier to list the problems than to find the solutions to them, we have jotted…

November 9, 2015 BananaIP Reporter Intellectual Property, Media and Entertainment Law 0Comment 653Views 0Like

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Essential Agreements for every Movie Producer

Production of a Cinematographic film demands a lot of time and resources. Since, all of the financial resources are invested by the Producer, copyright law has recognized the Producer as the author of the cinematographic film, even though a cinematographic film is an amalgamation of several works that are entitled for independent copyright protection. The fact that a cinematographic film is created by the combination of several independently copyrightable works, makes it all the more important for a Producer to…

November 9, 2015 BananaIP Reporter Intellectual Property, Media and Entertainment Law 0Comment 1185Views 0Like

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Dispute Resolution in the Entertainment Industry PPT by Sharada Kalamadi at GNLU

This presentation was delivered by Ms. Sharada Kalamadi at GNLU as a part of the entertainment law course offered to LLB and LLM students. The presentation covers: Subject matter of disputes in the entertainment industry Fair Dealing/Fair Use Section 52, Copyright Act, 1957 Concept of Fair Use Fair use defense Copyright infringement "Abstraction-filtration-comparison” test. Quantitative & Qualitative Test Extrinsic- Intrinsic Test Kroff Test R.G. Anand vs M/S. Delux Films…

October 14, 2015 BananaIP Reporter Media and Entertainment Law 0Comment 712Views 0Like

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Celebrating 20 Years of IP Excellence

Digital License Agreement -Part II

Doctrine of Merger and Copyright Law

Statutory Licensing for Broadcasting Organisations

Essential Clauses of a Digital License Agreement

Even death won’t do us apart

Movie making – A tale of woes.

Essential Agreements for every Movie Producer

Dispute Resolution in the Entertainment Industry PPT by Sharada Kalamadi at GNLU

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