A few months ago, the Office of the Controller General of Patents, Designs, and Trademarks released their annual report (hereinafter referred as ‘report’) for the 2013-2014 financial year. The report explains in detail, all statistics pertaining to Patents, Trademarks, Copyrights, Designs, and Geographical Indications (GI), for the aforementioned time period. Let’s have a look at the statistics and analyze the transformation Indian IPR system is undergoing. We begin our analysis with the Patent domain.
The Patent system has a well…
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…
A recent legal decision pertains to an interim injunction granted by Delhi High Court against a public broadcaster. Doordarshan India's Central Government founded public service broadcaster, a division of Prasar Bharati, was in the legal broil for indemnifying itself from legal liability rather than acting in the interest of public which in turn contributed in cooperating in the copyright and moral rights infringement perpetrated by the producer against author and artist.
Hon’ble High Court of Delhi issued an interim injunction…
Malibu Media runs a website X-art.com, which hosts short erotic films. It is a subscription based website and claims to have more than seven hundred erotic videos. The website claims to host videos of gorgeous models from USA, Europe, South America, etc. Subscription plans on the website range from 19.95 dollars to 99.95 dollars.
Sometime in 2011, Malibu Media realized that the business is not growing owing to wide spread piracy of its videos on Bit Torrents and by other…
These are some basic questions VCs and Investors ask before investing in a start-up. What is the value of Intellectual Property (IP) for the start-up's business, revenues and competitive advantage in the market? Is the start up IP driven? How strong is the start-up’s IP portfolio when compared with its competitors? Is the IP ownership clear, and are all link documents in place? Will the IP Portfolio help in retaining revenues, and opening new revenue opportunities? Is the start-up’s IP…
Copyright protects ideas expressed on a tangible form. The expression may be in the form of literary work like website content, brochure content etc, photographic work such as pictures used on website, brochures, etc, artistic work like layout of website, drawings, etc, cinematographic work such as promotional videos, support videos, etc, and so on. Protection of copyrights provides several business and competitive advantages to startups and entrepreneurs. A startup company must protect its marketing materials, documents, websites and so on…
The lack of snow for the 2022 Winter Olympics, is not the only reason why China is facing criticism.
The recent controversy faced by the Chinese is with respect to the Official Song for the games, “The Snow and Ice Dance” which has raised some questions about its source. It has been noticed by keen listeners that the song sounds like a rip-off of “Let It Go,” the popular ballad sung by Idina Menzel . “Let it Go” rose to prominence, as…
Music licensing means transfer of exclusive or non – exclusive rights to use a piece of music which sometimes may be a complete song, a snippet of a song or an entire album or an entire repertoire for a set period of time, for a fee. Music licensing deals can take several forms, but generally all deals dictate the presence of a licensing fee, an expiration date of the licensing agreement, and terms specifying where and how the licensee can use…
Citation: AIR 1977 SC 1443, (1977) 2 SCC 820, [1977] 3 SCR 206
Facts:
This is a dispute that broke out in a matter involving rights over Indian literary and music works for which the copyright subsides in India. Parties to the dispute were the Indian performing right society and the cinematograph exhibitors association of India.
IPRS incorporated on 23/08/1969 in the state of Maharashtra governed by copyright Act 1957 has the authority for issuing licenses for performance in public of all…