Entertainment law Archives

This Image depicts a seedling is being protected by two hands on it This Image is relevant as the article deals with the Copyrights and protection of ideas. Click on this Image for more Information.

Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part III

This post was first published on 29th July, 2014. In continuation to our previous discussion on how to protect ideas in the entertainment industry, the upcoming posts in the series will discuss landmark cases and analyse how Courts consider Breach of Confidentiality claims. Previous posts in the series may be accessed here and here. The first of these cases is Zee Telefilms Limited and Another vs. Sundial Communications Private Limited and Others: This suit was brought by the Plaintiffs alleging Breach of Confidence in the…

July 29, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 1896Views 0Like

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The image depicts a lock with the letters TM by its side. The post talks about protecting trademarks. Click on the image to read the full post.

Case Study – Trademark for Film Titles

This post was first published on June 27th, 2014. What's in a name? - This question of William Shakespeare's would probably fade away into the background when it comes to the Entertainment Industry. The importance given to a name seems like just about everything in the context of the Entertainment Industry, since it creates an identity and makers of a film all over the world are choosy to the point of being cranky when it comes to giving their film…

July 27, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 4378Views 0Like

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This Image depicts the word art of 'Personality'. This Image is relevant as the article deals with the Persoanlity Rights in India. Click on this Image for more Information.

Personality Rights in India – Part II

This post was first published on 26th June, 2014. Justification for Publicity Rights is based on the Lockean Labor Theory, which essentially says that the fruits of one’s labor are one’s own. Therefore, Publicity Rights permit the exploitation of one’s persona by oneself. Unauthorized use of a person’s identity, including the person’s name, voice, image and likeness for commercial gain may give rise to a successful cause of action against the infringing party. Since Publicity Rights are one of the two parts…

July 26, 2019 BananaIP Reporter Intellectual Property, Media and Entertainment Law 0Comment 1558Views 0Like

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Conclusion post: Ideas, Concepts, Scripts & Stories – Protecting Ideas…

This post was first published on 11th August, 2014. This post brings to a conclusion, the series on Protecting Ideas, Concepts, Scripts and Stories in the Entertainment Industry. Researchers have analyzed three cases on Confidentiality and its breach in the case of Intellectual Property Rights namely in the Urmi Juvekar Chiang case, the Zee Telefilms case and the Anil Gupta vs. Kunal Dasgupta case. The facts of the cases are similar, namely that all three have Plaintiffs that are companies or people who have made…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property 0Comment 837Views 0Like

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A Peek into the Central Board for Film Certification

This post was first published on 2nd September, 2014. What is the Central Board of Film Certification (CBFC)? The Central Board of Film Certification (CBFC) is a statutory body under the Ministry of Information and Broadcasting, regulating public exhibition of films under the provisions of the Cinematograph Act, 1952. Films can be publicly exhibited in India only after they have been certified by the CBFC. What is its constitution? The Board consists of non-official members and a Chairman (all of whom…

July 25, 2019 BananaIP Reporter Intellectual Property, Media and Entertainment Law 0Comment 826Views 0Like

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Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part V

This post was first published on 11th August, 2014. Last week, we discussed the Urmi Juvekar Chiang case. Today we will look at the case of (1) Mr. Anil Gupta and (2) Another. vs. (1) Mr. Kunal Dasgupta and (2) Others - A landmark case, indeed, in the area of protecting ideas and concepts. This case elucidates the dos and don'ts of Idea Protection and Breach of Confidence in the Entertainment Industry. Plaintiff No. 1 - a Media Consultant Defendant No. 2 - a…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property 0Comment 3400Views 0Like

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Harmonious Construction Can Ignore the Term Clause

This post was first published on 25th May, 2012. The plaintiff Shemaroo Entertainment Ltd. has filed this petition in the Delhi High court against Amit Sharma & others. The case has been decided on 16th May 2012. Shemaroo Entertainment Ltd. contended that it held copyrights over the song “Thodi si jo pee le hai” from the movie “Namak Halal” and prayed towards restraining the Defendants from using the “Thodi si jo pee le hai” in their film “Department”; from releasing or…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property 0Comment 713Views 0Like

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This Image depicts the Copyright License Agreement. . This Image is relevant as the article deals with the Section 31(d) of the Copyrights Amendment Act,2012. Click on this Image for more Information.

This post was first published on 4th September, 2014. The Copyright Amendment Act, 2012 has incorporated a new section into Chapter VI of the Copyright Act, which authorizes the Copyright Board to grant licenses to communicate to the public by way of performance of a literary or musical work and sound recording, which has already been published after paying Royalty fixed by the Board. One question that is frequently raised with respect to this section is its relevance and applicability to…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property 0Comment 1358Views 0Like

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The image shows a man holding a placard reading "Will work. Made for Hire". The post is about works for hire. Click on image to view post.

Works Made for Hire and Film Production – Part I: Notes on Copyright Amendment, 2012

This post was first published on 24th June, 2014. 'Made for hire' works are of two types: a. Works created under a contract of employment or apprenticeship (Contract of Service); and b. Specially commissioned works (Contract for Service). Copyright Law, with respect to works made for hire is codified under Section 17 of the Indian Copyright Act. Clauses (b) and (c) of the section are specifically relevant to this article. They read as follows: "17. First owner of copyright... (b) subject to…

July 24, 2019 BananaIP Reporter Copyrights, Intellectual Property 0Comment 4564Views 0Like

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Personality Rights in India – Part I

This post was first published on 23rd June, 2014. Intellectual Property (IP) has been continuously evolving. It is now not restricted to just categories like Patents, Trademark, Designs and Copyrights. Judicial activism has widened the scope of IP to cater to new forms of protection, one such addition is "Personality Rights". Personality Rights are made up of two kinds of rights: the Right to publicity and the Right to privacy. The Right to publicity which is usually attributed to celebrities or famous people is of great…