Fair Dealing Archives

It is Fair and Enabling – Data Mining from JNU Depot

Author: Dr. Kalyan C. Kankanala Data Mining in today's context is not limited to collection, organisation, management, searching and displaying of relevant data, it means much more than that, and includes creation of information, knowledge and intelligence from data sets, among others. At a basic level, data mining involves extraction of data, which is mostly done by using data mining software, applications or tools, and analysing the extracted data for a defined purpose. The data sets extracted may be further used…

September 1, 2019 Dr. Kalyan C. Kankanala Copyrights, Intellectual Property 0Comment 1523Views 0Like

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Court Limits the Scope of ‘Fair Dealing’ under Copyright law

This post was published on November 18, 2011. The Delhi High Court, in a recent decision, has held that usage of copyrighted works in television programmes such as an interview with the artist does not amount to fair dealing. Indian domestic television Channel India TV was sued by Super Cassettes and Yash Raj Films in two separate suits for infringing their copyrights. The two suits were clubbed since the defendant was the same and the cause of actions…

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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.

Version Recordings & Cover Versions – Part IV: Notes on Copyright Amendment, 2012

This post was first published on 27th June, 2014. The Copyright Amendment of 2012 moved the provisions with respect to cover versions of sound recordings out of fair dealing provisions under Section 52, into a specific statutory license provision. Making version recordings, re-recording of prior sound recordings, was earlier permitted under the Copyright Law, but codifying it as a statutory license provision formalizes the said activity in many ways. Furthermore, Section 31C, which deals with statutory licenses for cover versions clearly…

July 27, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 1494Views 0Like

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The image is a picture of Quintin Tarantino. The post is about a copyright claim by him. Click on image to view post.

Is Reporting Leaked & Copyright-Protected Material Equal to Contributory Infringement?

This post was first published on 17th May, 2014. "No", says a federal judge in California, dismissing Hollywood's star director, Quentin Tarantino’s claim against Gawker Media, LLC. Gawker, a magazine on a lookout for juicy news in the entertainment biz, reported the leak of Tarantino's unpublished work by providing a direct link to the copyright protected "leaked script" for the film, "The Hateful Eight". Tarantino, a multiple Oscar winning/nominated writer-director, discovered that his copyright protected script was leaked. Gawker, on its website, reported the leaked Tarantino’s…

July 26, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 2937Views 0Like

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My Fair Writer – Fair Use Principles for Writers: Copyrights and Writers Part 12

As discussed in the previous post, the unauthorised exercise of any exclusive rights in a copyrighted work amounts to copyright infringement. However, copyright law provides certain exceptions to this rule, which are known as ‘fair use’ exceptions. Although the Copyright Act provides for a number of exceptions, this post discusses only the few exceptions which are relevant for writers. Fair Dealing Works belonging to another person may be copied for various purposes like research, criticism, reporting of current events. However,…

March 18, 2019 BananaIP Reporter Copyrights, Intellectual Property 0Comment 952Views 0Like

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The featured image shows a Doodle work on Fair dealing and Fair use under Copyright Act, 1957.

Copyrights, Fair Dealing, and Fair Use in India

Fair dealing provisions under the Indian Copyright Act, 1957 as amended in 2012 exempt certain activities from the purview of copyright infringement. While certain exceptions mentioned under Section 52(1) of the Copyright Act are applicable to all kinds of works in which copyright subsists, the applicability of certain provisions are restricted to specific works. The following table identifies the various fair dealing and fair use provisions under the Copyright and its applicability to specific works: Sections Provisions Applicability 52(1)(a) Fair dealing All works 52(1)(a) Private or personal…

May 2, 2017 BananaIP Reporter Copyrights, Intellectual Property 0Comment 4233Views 0Like

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Fair use exceptions for libraries under Indian copyright law

Indian copyright law provides exceptions to libraries for use of copyrighted works under the statutory fair dealing provisions of the copyright Act (section 52) as well as under the judicially created fair use exception. Broadly the law permits use of copyrighted works by libraries for the following purposes: Research and education; Instructions, teaching and training; Private study; Enabling access to the disabled; Activities of education institution; Review and criticism; Searching and data mining; …

May 1, 2017 BananaIP Reporter Copyrights, Intellectual Property 0Comment 3673Views 0Like

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The featured image reads Intellectual property and business value. The post is about the presentation given by Dr. Kalyan at the Woxsen School of Business. To read more click here.

Intellectual Property and Business Value – A Presentation by Dr. Kalyan C. Kankanala at the Woxsen School of Business.

The following presentation was delivered by Dr. Kalyan C. Kankanala, Managing Partner BananaIP Counsels, at the Woxsen School of Business, Hyderabad. The presentation is titled “Intellectual Property and Business Value” and covers the following topics: IP as a Business Tool Major Forms of IP Integrated Protection Patents Patentability Requirements Patent Process Patent Rights Patent Infringement Claim construction Examples Patents in Business Trademarks Registration Process Trade Mark Infringement and examples…

February 8, 2016 BananaIP Reporter Intellectual Property 0Comment 764Views 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 1469Views 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 720Views 0Like

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Celebrating 20 Years of IP Excellence

It is Fair and Enabling – Data Mining from JNU Depot

Court Limits the Scope of ‘Fair Dealing’ under Copyright law

Version Recordings & Cover Versions – Part IV: Notes on Copyright Amendment, 2012

Is Reporting Leaked & Copyright-Protected Material Equal to Contributory Infringement?

My Fair Writer – Fair Use Principles for Writers: Copyrights and Writers Part 12

Copyrights, Fair Dealing, and Fair Use in India

Fair use exceptions for libraries under Indian copyright law

Intellectual Property and Business Value – A Presentation by Dr. Kalyan C. Kankanala at the Woxsen School of Business.

Indian Copyright Law and Fair dealing

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

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