Recent Developments in Entertainment Law
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Transcript of Recent Developments in Entertainment Law
Entertainment LawRecent Developments
By:Nishant Kewalramani
Agenda
Copyright Amendment Bill 2011Filing of CopyrightsCopyright Infringement John Doe orders
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
COMMERCIAL RENTALDoes not include Rent Lease LendingFor 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 Exploitation
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
Ownership Issues Work For Hire Employment Contract
Literary, dramatic, musical or artistic work
Ownership not affectedOR
Right to Receive Royalty not affected
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.
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
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
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?
Copyright Infringement
OOh La La
Ui Amma
John Doe Unknown Defendant
Singham, Don 2, World cup matches…
ISPs & Cable Operators
Applicable to trademark violation as well.