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Entertainment LawRecent Developments
By:
Nishant Kewalramani
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Agenda
Copyright Amendment Bill 2011
Filing of Copyrights
Copyright Infringement
John Doe orders
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Copyright Amendment Bill 2011
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
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COMMERCIAL 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
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Future Modes of Exploitation
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Right 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
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Ownership Issues
Work For Hire
Employment Contract
Literary, dramatic, musical or artistic work
Ownership not affected
OR
Right to Receive Royalty not affected
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VOID 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.
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Cover 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
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Radio Channels
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
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Filing 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?
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Copyright Infringement
OOh La La
Ui Amma
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John Doe
Unknown Defendant
Singham, Don 2, World cup matches…
ISPs & Cable Operators
Applicable to trademark violation as well.
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THANK YOU
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