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Entertainment Law Recent Developments

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Entertainment Law Recent 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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