Copyright Law Archives

One IP issue out of OSS Community’s way – SCO Vs. IBM Litigation Ends

One of the first IP litigations to hit the open source community was the suit filed by SCO against IBM in 2003. In the suit, SCO alleged IBM of breach of contract, copyright infringement and trade secret misappropriation, among others. It alleged that IBM's insertion of portions of UNIX, owned by SCO, into LINUX, amounts to liability on various counts including copyright infringement. SCO initially claimed damages to the tune of one billion dollars, which was later increased to three…

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Copyright Controversy Over Dr. B.R.Ambedkar’s Work

To celebrate the 125th birth anniversary of Dr. B.R. Ambedkar the Centre wants to re-publish his original collected work of Bhimrao Ambedkar’s “Sampoorn Dandmay” (writings and speeches). However, the Centre’s plans have been dampened by the copyright tussle involving the aforementioned work. The Centre is facing some strict opposition from Prakash Ambedkar, grandson of Dr. B.R.Ambedkar who is the copyright holder and who has refused to allow printing of the original collected works in English. Earlier the Maharashtra government signed…

February 16, 2016 BananaIP Reporter Copyrights, Intellectual Property 0Comment 1495Views 0Like

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Don’t Witch around says BCCC

The Salem witch trials might belong only in the history textbooks, but witchcraft is not a thing of the past in many parts of India. The National Crimes Record Bureau reports around 2300 occult, black magic and witchcraft related deaths since 2000. And many States like Rajasthan, Jharkhand and most recently Assam have passed legislations with provisions for tough punishments to curb the practice and bring an end to superstitious beliefs that have been nothing more than a legacy of…

December 16, 2015 BananaIP Reporter Intellectual Property, Media and Entertainment Law 0Comment 820Views 0Like

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Disney Sues Venezuelan Company

Disney has always been extremely protective of its intellectual property. The company has been aggressively pursuing infringers who have tried to use its IP assets without authorization. The number of suit against these infringers has increased in the recent times, with the expansion of its IP portfolio due to its acquisition of Marvel Entertainment. There have been several instances of infringement concerning Disney films, such as 'Frozen', 'Star Wars' and the Marvel movies, which it pursued aggressively. Last week, Disney…

December 5, 2015 BananaIP Reporter Copyrights 0Comment 849Views 0Like

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Access to Copyrighted Works for Persons with Disability- Conference at NLSIU

The Marrakesh Treaty, which focuses on the rights of the blind, visually impaired or print disabled persons, with respect to access to copyrighted works was signed on June 27th, 2013. The underlying objective of the Treaty has been to incorporate certain exceptions to the national laws of countries, in order to provide works in accessible format for persons with print disability. India became the first country to ratify the Treaty and displayed its allegiance to the cause. Bearing in mind…

November 25, 2015 BananaIP Reporter Copyrights 0Comment 758Views 0Like

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Exceptions for Access to the Blind

Provisions for facilitating access of copyrighted works to the disabled, including blind persons, were introduced in the Indian Copyright Act, 1957 in 2012. Limitations and Exceptions in the Indian Copyright Law can be categorized into two types: Fair Dealing exception for the disabled; and Compulsory License for making works accessible to the disabled. Fair Dealing ((Section 52(zb)) The use of a work for making it accessible to a disabled person is considered as fair dealing under the Indian…

November 25, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 1631Views 0Like

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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…

November 24, 2015 BananaIP Reporter Intellectual Property, Media and Entertainment Law 0Comment 759Views 0Like

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The Diary of Anne Frank or Otto Frank?

“I wish to go on living even after my death” -Anne Frank, The Diary of a Young Girl This was just one of the famous lines that Anne Frank wrote in her diary - ‘Kitty’, which it was fondly referred to as by Anne when she penned her thoughts into it. Anne Frank, The Diary of a Young Girl or more famously known as the Diary of Anne Frank was a journal or a diary of a young Jewish girl…

November 23, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 863Views 0Like

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Social Media and IP : Part XI – Best Practices for Businesses

Social Media is an integral element of every business today, and no business can afford to ignore its relevance. From employee policies to business development, social media has a role to play in several business related activities. It is therefore important for companies to devise and follow legally acceptable standards and guidelines for handling business activities on social media. This note outlines some best practices from the Intellectual Property, privacy and publicity perspectives. Devise and Implement a Social Media…

November 23, 2015 BananaIP Reporter Intellectual Property, Social Media Law 0Comment 908Views 1Like

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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…