Tag: copyright

Copyright Protection For Fictional Characters

Introduction Intellectual Property Rights are the legal rights vested with an investor to protect his invention, provided that it satisfies the criteria of non-obviousness, global novelty, and industrial or commercial application for some time. They give exclusive rights to the creator. Originally, only patents, trademarks, and industrial designs were protected. Now, a wider meaning has … Continue reading Copyright Protection For Fictional Characters

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Intellectual Property Rights : Protection of Fashion Designs in India

Introduction With the general popularity of private brands, Indian consumers are looking for ways to access fashion companies, thanks to increased media exposure, more awareness, goals, and a larger share of disposable cash. For these fashion companies, it is not easy to keep the business afloat with the spiralling competition. In order to consistently progress, … Continue reading Intellectual Property Rights : Protection of Fashion Designs in India

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Personality rights – An Examination of Amitabh Bachchan v. Rajat Nagi and Ors

Introduction “While one person may build a home, another knit a sweater so also may a third create a valuable personality, all three must be recognised by the law as ‘property’ protected against trespass and theft.”[1] A person laboriously constructs a celebrity persona through a combination of intellectual, emotional and physical efforts. The good-will and … Continue reading Personality rights – An Examination of Amitabh Bachchan v. Rajat Nagi and Ors

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Tangible Fixation And Preclusion Of Emphemeral Art

Introduction Art is considered to be a gift to mankind, it has been there since the time immemorial with humans from Madhubani wall paintings of Mithila in 7th century BCE to graffiti of 21st century, art has developed its forms. It is believed that art embodies great influence on human life it is a form … Continue reading Tangible Fixation And Preclusion Of Emphemeral Art

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Copyright Infringement : Sony Pictures Seek Injunction Against Unauthorized Use

Copyright is an essentially important exclusive right giving only the company authority to make use of to whom such right is granted and any unauthorized use of the same would amount to infringement of the copyright. Copyright ensures protection for the work done by a person, restricting any other person to take credits for the … Continue reading Copyright Infringement : Sony Pictures Seek Injunction Against Unauthorized Use

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Safeguarding The Rights of Musicians Within The Indian Music Industry.

Introduction At the onset of a musician’s career, artists are extremely vulnerable to third-party exploitations that leads to multiple rights being assigned. One of the most unscrupulous and controversial contracts within the music industry, known as the “360-degree deal” , also known as the multiple rights deal, where the record labels retain complete control over … Continue reading Safeguarding The Rights of Musicians Within The Indian Music Industry.

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The Judicial Interpretation And Legislative Dichotomy On Royalty Payable To Playback Singers

INTRODUCTION: When a playback singer has rights to their song, they may be entitled to a royalty payment. The main issue is whether or not they have any legal claim to their songs. The Copyright Act defines ‘performers’ as any person who does a performance[1], but the definition of a performance is “any visual or … Continue reading The Judicial Interpretation And Legislative Dichotomy On Royalty Payable To Playback Singers

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The Uninvited Stardom: Understanding Publicity Rights, Infringement & Intellectual Property Issues

Exordium: Understanding the Cost of Stardom Call it what you want, celebrities are often recognised for their glamourous persona and appealing identities. Eventually, the market monopoly acts swift and smart to utilise their influence to drive commercial gains for themselves. This ranges from merchandising, promotional advertisements, brand endorsements, and money-making. However, in the gold rush … Continue reading The Uninvited Stardom: Understanding Publicity Rights, Infringement & Intellectual Property Issues

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Protection of Copyrights in Philippines

Introduction The Philippines has laws and policies that generally support a conducive intellectual property (IP) environment, but enforcement is irregular and inconsistent. Several considerations are important for effective management of intellectual property (IP) rights in the Philippines. First, it is important to have an overall strategy to protect IP. Second, IP may be protected differently … Continue reading Protection of Copyrights in Philippines

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MRT MUSIC V. INDIAN NATIONAL CONGRESS COPYRIGHT DISPUTE–GRANTING BLANKET ORDER IS PUNITIVE

On 7th November 2022, the Commercial Court, Bangalore passed an ex-parte injunction order temporarily blocking the Twitter handles of the Indian National Congress (“Congress”) and Bharat Jodo Yatra. The Commercial Court order came following a Commercial Suit filed by M/s. MRT Music, a Bengaluru-based music label, alleging that the Congress have infringed their registered copyright … Continue reading MRT MUSIC V. INDIAN NATIONAL CONGRESS COPYRIGHT DISPUTE–GRANTING BLANKET ORDER IS PUNITIVE

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