Well we’re all aware how heinous a crime piracy is and how every year the entertainment industry suffers a loss of millions of dollars due to it. For more than a decade anti-piracy organizations have been targeting pirate websites to curb instances of piracy. One such organization is BREIN (Bescherming Rechten Entertainment Industrie Nederland, which roughly translates to association for the Protection of the Rights of the Entertainment Industry of the Netherlands), a Dutch organization which has been an active…
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…
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…
The Bombay High Court passed a John Doe order favoring Phantom Films to prevent the piracy of the movie “Masaan”. Masaan is a movie produced by Anurag Kashyap and Vikramaditya Motwane under the Phantom Films banner. The order was not only issued against unknown persons, who are potential infringers but Sonali Cable Vision, SpectraNet (an ISP), Manish Realties, Macassar Productions, and Sikhya Entertainment were also named as defendants. This was a step taken towards curbing the nefarious act of piracy.
Phatom…
Much like their previous logo of the mythological creature Hydra and their supposed slogan “if you cut off one head, many more will arise”, Pirate Bay never seems to go away or be out of the headlines!
The founders of the infamous torrent site, Gottfrid Svartholm, Fredrik Neij, Peter Sunde and Carl Lundström finally caught a break. Recently a Belgian Court, at Mechelse found the quartet not guilty on charges of criminal copyright infringement and abuse of electronic communications.
Founded…
Tejesh, based out of Bangalore, had allegedly discovered that browsing on Airtel's 3G network was being slowed down by code that helps Airtel generate revenue from data services offered by the telecom service provider. After making the discovery, Tejesh posted the code along with screen shots on Git Hub. In response, Flash Networks, the owner of the code sent a cease and desist notice to Tejesh alleging copyright infringement. It also sent a DMCA take down notice to Git Hub,…
The conflict between copyright enforcement and privacy has been one of the stumbling blocks in fighting online piracy. While proof of direct infringement by internet users is an essential element for action against online pirates, privacy of user data is an essential mandate to live and transact on the world wide web. Owing to privacy responsibilities of Internet Service Providers (ISPs), copyright holders find it very difficult, or impossible, to acquire details of internet users involved in downloading, uploading and…