entertainment law- recent trends

Entertainment LawRecent Developments

By:Nishant Kewalramani

PartnerBrain League IP Counsels

AgendaAgenda Copyright Amendment Act 2012

Filing of Copyrights

Copyright Infringement

John Doe orders

Conceptual Similarity

Fair Use & De Minimis

Copyright Amendment Act Copyright Amendment Act 20122012

Reproduction of Work

Copyright in Cinematographic Film or Sound recording means exclusive right to-

Pre Amendment

Post Amendment

• Make copy of the film• Store film in any medium by electronic or other means

•Sell copy or give it on hire •Sell copy or give it on “commercial rental”

• Make another sound recording embodying the copyrighted sound recording

+ Storing it in any medium by electronic or other means

COMMERCIAL RENTALCOMMERCIAL RENTAL

Does not include

Rent

Lease

Lending

For non profit purposes by a non profit library or non profit educational institution

Receives grant from government or is exempted from payment of tax under Income Tax Act

Future Modes of Future Modes of ExploitationExploitation

Right to RoyaltyRight to Royalty Author of literary or musical work included in Film or Sound

Record

Cannot assign or waive the right to receive royalties

Shared on an equal basis

Except communication to the public in a cinema hall

Lyricist Script Writer

Music Composer

Ownership IssuesOwnership Issues Work For Hire

Employment Contract

Literary, dramatic, musical or artistic work

Ownership not affectedOR

Right to Receive Royalty not affected

Right of Authors

not affected

VOID CONTRACTSVOID CONTRACTS Right to share royalties cannot be assigned

Any assignment agreement to the contrary is void.

Any assignment contract contrary to terms and conditions of the rights already assigned to a Copyright Society shall be void.

STATUTORY LICENSESTATUTORY LICENSE

Cover VersionCover Version

Sound recording made before with the consent of the owner of literary, dramatic or musical work at least 5 years back

Cover version to be in the same medium as the last recording

Prior notice of intention

Copies of covers or labels

Advance payment to owners based on royalty rate fixed by Copyright board

No alterations

STATUTORY LICENSESTATUTORY LICENSE

BroadcastingBroadcasting

Already published literary or musical work or sound recording

Prior notice of intention to broadcast-stating duration and territory

Advance royalties- decided by copyright board

No alteration except shortening the work for convenience of Broadcast

Filing of CopyrightsFiling of Copyrights Dhiraj Dharamdas v. M/s Sonal Info Systems

Dhiraj Dharamdas- New Software for Income Tax Professionals

Sonal Infosystems- Copied the Software

Source code of the software not registered at copyright office

Registration of copyright compulsory?

Copyright Copyright Infringement Infringement

OOh La La

Ui Amma

John DoeJohn Doe Unknown Defendant

Singham, Don 2, World cup matches…Madras High Court, Gangs of Wassyepur

ISPs & Cable Operators

Applicable to trademark violation as well…Ray Ban

CONCEPTUAL SIMILARITYCONCEPTUAL SIMILARITY

Technique & Story Line 24 TV series

Real Time depiction of events

Special Agent Jack Baur (Counter Terrorist Unit)

Saving US president from terrorist attack

Story on 1 day told in real time over 24 hours with each episode concentrates upon 1 hour and digital clock and split screen technique is used

Time Bomb 9/11

Real Time depiction of events

Agent Varun (Agency to Counter Terrorism)

Saving Indian Prime Minister from Terrorist Attack

Real time events with digital clock and split screen technique

Fair Use & De MinimisFair Use & De Minimis Chat Show with celebrity about mile stones and interest

in music

Public awareness advertisement consisting of 3 second use of the song- “Mera Chain Vain Sab Ujda”

During the chat nine songs sung by celebrity with background music provided by a band.

Video clips of some songs are shown

Sued for violation and permission not taken for use of songs

THANK YOUnishant@brainleague.com

http://www.sinapseblog.com/