entertainment law- recent trends
TRANSCRIPT
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
