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.

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