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A Case for Statutory Licensing of Music for Broadcasting

After the Wynk decision of the Bombay High Court, which came to the conclusion that internet broadcasting is not covered under Section 31D of the Copyright Act, the record labels are on a drive to convince the Government, industry and academics that statutory licensing does not provide fair value to sound recording holders. Their efforts seem to have doubled and tripled after publication of the draft Copyright Rules, 2019, which proposed to include internet broadcasting within the scope of statutory…

September 4, 2019 Dr. Kalyan C. Kankanala Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law 0Comment 1679Views 0Like

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The image has a sheet of paper with text stating "Copyright License Agreement". The post contains notes relevant to Copyright Amendment Act 2012. Click on image to view post.

Statutory Licenses for Broadcasting – Part V: Notes on Copyright Amendment, 2012

This post was first published on 28th June, 2014. The 2012 Copyright Amendment codified Statutory Licenses for radio broadcasting and has added television broadcasting to be within the scope of the license. Section 31D deals with statutory licenses for broadcasting. It reads as follows: "31D. Statutory licence for broadcasting of literary and musical works and sound recording. (1) Any broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical…

July 28, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 734Views 0Like

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Defacto Copyright Societies

Prashant's recent post on Copyright Societies in India is lucid and instructive like many of his other writings. You may read his post and those related to it on Spicy IP, and may also consider going through the chapter in the book he references. The phrase "Defacto Copyright Societies" he uses in his post caught my attention, and therefore, this quick note. In my opinion, the Copyright Amendment is more discriminatory than revolutionary. It gives undue importance and rights to…

August 28, 2018 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 1089Views 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 2962Views 0Like

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The featured image reads 'all rights reserved'. This post talks about the Entertainment Law and Copyrights involved in Royalty Rights in Sound Recordings, Lyrics & Musical Works. To read more, please click here.

Royalty Rights in Sound Recordings, Lyrics & Musical Works – Part 1

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…

February 10, 2017 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 2731Views 0Like

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Intellectual Property : Sipping on IP

Well I am guessing the title of this post may have piqued your interest. ‘Sipping on IP’ is an initiative taken by BananaIP Counsels, where everyone gathers over coffee and lets ideas, discussions and conversations about intellectual property brew. There are no ground rules and the conversation can be about varied topics from more current pressing issues to any IP related concept. It is a great way to connect, take a break and learn from your peers. Date: 02/08/2016 Topics discussed Anchita,…

August 8, 2016 BananaIP Reporter Intellectual Property 0Comment 922Views 0Like

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Statutory License for Cover Versions under the Copyright (Amendment) Act

In our post last week, we looked at statutory licensing for broadcast organizations specified under Section 31D of the Indian Copyright Act. As mentioned earlier, the objective of non-voluntary licensing is to overcome the difficulty of locating the original owner of the copyrighted work in order to obtain a license and to avoid the creation of monopoly of copyright owners. The Copyright Act similarly contains provisions for statutory licensing for cover versions under Section 31C. While Section 31D which talks…

November 23, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 2733Views 0Like

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Technological Protection Measures

The Copyright Act, 1957 went through a major change in 2012. The amendment harmonised the copyright law with the “Internet Treaties”- the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT), making it capable of facing challenges posed by digital technologies. The Copyright Act, 2012 (hereinafter referred to as the ‘Act’) added new Sections, 65A and 65B, for protection against dodging of technological measures and protection of rights management information respectively. The provision under Section 65A sets out…

November 17, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 2971Views 0Like

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Indian Copyright Law and Fair dealing

The concept of fair dealing is statutorily entrenched in Section 52 of the Copyright Act, 1957. What fair dealing does is that it permits certain acts with respect to copyrighted works, which otherwise would have constituted as infringement. The concept of fair dealing found in the UK copyright law as well as the Indian copyright law, is much more restrictive that its US counterpart, fair use. While the Indian law provides a specific list of fair dealing acts and purposes,…

November 16, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 1550Views 0Like

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The featured image shows a movie reel. The post deals about the online leak of udta punjab. To know more, please click here.

Hollywood Copyrights and Bollywood Copy(right!?)

‘Plagiarism’ is not a foreign word to the entertainment industry. It is not uncommon in Bollywood to dress ‘plagiarism’ as ‘inspiration’. Studies show that nearly eight out of every ten Bollywood movies produced is “inspired” by one or more Hollywood films. Bollywood has time and again faced criticism for its “blatant copying” of Hollywood storylines and for having taken undue advantage of the unfamiliarity of the Indian audiences with respect to international films. Although very few western studios attempted to…

November 9, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 2086Views 0Like

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Celebrating 20 Years of IP Excellence

A Case for Statutory Licensing of Music for Broadcasting

Statutory Licenses for Broadcasting – Part V: Notes on Copyright Amendment, 2012

Defacto Copyright Societies

Ilayaraja v. S.P. Balasubramanyam

Royalty Rights in Sound Recordings, Lyrics & Musical Works – Part 1

Intellectual Property : Sipping on IP

Statutory License for Cover Versions under the Copyright (Amendment) Act

Technological Protection Measures

Indian Copyright Law and Fair dealing

Hollywood Copyrights and Bollywood Copy(right!?)

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