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Weekly Copyright News: E-Commerce Policy, Rush for Patriotic Movie Titles, Spotify in India, and more


Posted by BananaIP Reporter

DIPP Invitations Feedback on E-Commerce Policy, Bollywood Rushes to Register Patriotic Movie Titles, Spotify’s India Launch Hit by Warner Go well with, IFTDA Bans Navjot Singh Sidhu from Kapil Sharma Present, Tiktok Launches Video Collection on Group Tips, Complete Dhamaal Leaked On-line Soon After Release, APC: Serena Williams’ Cartoon Not Racist, Nicki Minaj Denies Copyright Infringement in Tracy Chapman Lawsuit, US Copyright Office Denies Copyright for ‘Carlton Dance’ in Fortnite Go well with, US Courtroom Permits AT&T-Time Warner Merger, Facebook Held Liable for Retaining Copyright Infringing Hyperlinks in Italy, Pocket Aces Groups up with Amazon, Tip of the Week, and more.

Copyright Quote

Sadly, nothing is ever that straightforward in copyright regulation, and on the subject of music copyright, it’s particularly convoluted.

– Sarah Jeong

Copyright Statistics

There is a rise of 1% in the full number of copyright purposes filed final week as compared to the previous week. A total of 427 purposes have been filed over the past week. Nearly all of purposes have been filed for literary works and inventive works.

S. NoSort of WorkVariety of Purposes filed in the Previous Week

(11th February, 2019 to 17th February, 2019)

Number of Purposes filed in the Current Week

(18th February, 2019 to 24th February, 2019)

ChangeProportion Change
1.Literary Work2182162Lower of 1%
2.Musical Work682Improve of 33%
three.Inventive Work10414743Improve of 41%
4.Cinematograph Movie492920Lower of 41%
5.Sound Recording117fourLower of 36%
6.Software352015Decrease of 43%
Complete4234274Improve of 1%


Indian Copyright News

DIPP Invitations Feedback on E-Commerce Coverage

Department for Industrial Coverage and Promotion (DIPP) has lately revealed the draft of the National E-Commerce Policy. The Draft Coverage seeks to create a framework that may allow India to profit from the speedy digitization of the home and international markets. The notification invitations comments and ideas from stakeholders, to be submitted before 9th March 2019.

The discover issued by the Ministry could be accessed right here, and the draft policy might be accessed right here.

Bollywood Rushes to Register ‘Patriotic’ Movie Titles

In the wake of the newest occasions surrounding the air strikes carried out by the Indian Air Pressure at Balakot to avenge the killing of Indian Soldiers, numerous film manufacturing houses are in critical talks to reserve film titles like ‘Pulwama’, ‘Surgical Strike 2.0’, ‘Wing Commander Abhinandan’, ‘Balakot’ and their variations. The Indian Motion Footage’ Producers’ Affiliation discovered its workplaces crowded with representatives of a number of Bollywood producers who have been caught up in detailed discussions to order titles for films they needed to make in the close to future. At a time when the nation is mourning the lack of over 49 CRPF jawans and also anticipating the protected return of Wing Commander Abhinandan, the world of Bollywood is eager to shortly capitalise on this national tragedy. Producers had begun reserving names as early as February 14th, 2019 – the very day of the unlucky Pulwama assaults. This piqued curiosity is usually because of the overwhelming success of the film URI: The Surgical Strike, which is predicated on the surgical strikes carried out by the Indian Military after the URI assaults.

Spotify’s India Launch Hit by Warner Go well with

Music streaming big Spotify, scheduled to launch in India in the subsequent few weeks, is dealing with a lawsuit in the Bombay Excessive Courtroom. The go well with, filed by Warner Music, seeks to restrain Spotify   from providing any songs of Warner music by way of its software in India.

Nevertheless, Spotify appears to have proceeded with its launch in India despite the go well with, and is now obtainable for users with numerous free and subscription-based plans, together with a one-month free trial. Spotify hopes its competitive pricing and free trial will give it an edge in the crowded market for music streaming, which includes Wynk, JioSaavn, Apple Music and Google Play Music. It has been reported that some songs owned by Warner Music are usually not out there on the platform.

IFTDA Bans Navjot Singh Sidhu from Kapil Sharma Show

Within the wake of the offensive comments made by Navjot Singh Sidhu concerning the Pulwama attack, the IFTDA (Indian Film and Television Administrators Affiliation) has released a press launch saying the removing of Navjot Singh Sidhu from The Kapil Sharma Show. The IFTDA has additionally taken a pledge to not work with any Pakistani artists or singers as a tribute to the martyrs.

Tiktok Launches Video Collection on Group Tips

Lately, the Tamil Nadu authorities banned common lip-syncing video platform ‘TikTok’, claiming that it was dissociating the youth from traditional beliefs. In response to this, TikTok has created a brand new video collection to inform its customers concerning the group tips and different privacy and safety-related assets out there on the platform. The collection, titled “You’re in Control”, stars TikTok customers and makes use of the same results (including memes and modifying) out there for different movies. Tik Tok just lately completed 1 billion downloads and is among the most popular content material platforms as we speak. Nevertheless, like many different user-driven content material platforms, it has been regularly criticized for featuring specific, abusive and hate-mongering materials.

Complete Dhamaal Leaked Online Soon After Release

Indira Kumar’s comedy film Complete Dhamaal, was made obtainable online quickly after its release final week. The film stars Ajay Devgn, Riteish Deshmukh, Arshad Warsi, Javed Jaffrey, Madhuri Dixit, Esha Gupta and Anil Kapoor. The movie opened nicely on the box workplace incomes about Rs 16.50 crore and turning into the second highest grossing film of the yr. Nevertheless, its availability on numerous piracy websites inside the first week might affect box workplace earnings over the subsequent few weeks.


International News

APC: Serena Williams’ Cartoon Not Racist

Shut to six months after the release of a cartoon mocking tennis star Serena Williams that was met with international rebuke, the Australian Press Council (APC) has defended the picture. The cartoon, revealed in common Australian newspaper ‘The Herald Sun’, depicted Serena Williams’ reaction to her US Open loss to Naomi Osaka of Japan. The image exhibits Williams throwing a temper tantrum and throwing her racket, while the umpire is shown asking Osaka ‘Can you just let her win?’. The picture acquired much backlash for depicting Williams as an ape with many readers discovering it to be racist. The Press Council, a watchdog group responsible for selling good media apply standards in Australia, responded to the allegations stating that the caricature “uses exaggeration and absurdity to make its point but accepts the publisher’s claim that it does not depict Ms. Williams as an ape, rather showing her as ‘spitting the dummy’, a non-racist caricature familiar to most Australian readers.” The Council also accepts that the cartoon was illustrated in response to the occasions that occurred at the US Open Remaining.

Nicki Minaj Denies Copyright Infringement in Tracy Chapman Lawsuit

In 2018, songstress Tracy Chapman filed a go well with towards rapper Nicki Minaj for copyright infringement claiming that the latter had used part of her music without permission. Chapman alleges that Nicki’s unreleased monitor ‘Sorry’ interpolates her 1988 track ‘Baby Can I Hold You’. Final week, in her first formal response to the allegation, Minaj has denied copyright infringement and additionally states that her interpolation is protected by the doctrine of truthful use. Additionally, she claims that Chapman had by no means properly claimed copyright over her composition in the monitor ‘Baby Can I Hold You’ and is, subsequently, not the owner of the copyright in problem and thus lacks standing to deliver the claims alleged in the grievance. By means of her go well with, Tracy Chapman is looking for damages and an order to stop Nicki Minaj and her staff from releasing ‘Sorry’.

US Copyright Office Denies Copyright for ‘Carlton Dance’ in Fortnite Go well with

The US Copyright Office has denied registration for ‘The Fresh Prince of Bel-Air’ star Alfonso Ribeiro’s ‘Carlton Dance’ routine. This determination may even weaken the fits filed by the actor towards two recreation studios who have copied his dance. Ribeiro created the ‘Carton Dance’ for his portrayal of character Carlton Banks on the show. He then sued Take-Two and Epic Video games for copying and using his routine as a celebratory dance for gamers on the games NBA 2K and Fortnite respectively. Take-Two’s defense states that Ribeiro’s routine is just too primary to obtain safety because the Copyright Act covers only complicated choreography. The Copyright Office was in agreement and said that his dance is an easy routine made up of only three steps and subsequently cannot be granted registration. The rejection letter also says that the fact that a dance or a movement accommodates more than a trivial amount of unique authorship is irrelevant. This goes to say that even when Ribeiro’s dance was unique and unique, it can’t be granted copyright. Some argue that as a result of Ribeiro created the routine whereas enjoying a fictional character on another person’s show, there arises a singular question about who owns the routine. Since he’s a star, Ribeiro has additionally made a non-copyright declare towards Take-Two and Epic Games for ‘appropriating his likeness’.

US Courtroom Allows AT&T-Time Warner Merger

In its second courtroom challenge, the US Federal Government has misplaced the attraction to dam AT&T’s USD 85.4 billion merger with Time Warner, a landmark deal that would rework the media business. The federal government had claimed that the lower courtroom did not apply the antitrust laws appropriately and hence appealed to reverse the choice. The representatives for the Justice Division have said that such a merger goes towards truthful competition practices and would finally harm shoppers. America Courtroom of Appeals discovered no benefit in the objections raised by the Government to dam this merger. David McAtee, the overall counsel for AT&T, has said that this merger has already yielded vital shopper benefits and will proceed to take action for years to return. AT&T can now move ahead with its plan to rework Warner Media right into a streaming-video enterprise.

Facebook Held Liable for Retaining Copyright Infringing Links in Italy

The social networking big has been ordered to pay up damages for retaining infringing materials on one among its Facebook groups. The decision came after a go well with was filed by Mediaset, an Italian media conglomerate, towards Fb for not taking down sure copyrighted links of the cartoon ‘Kirarin Revolution’ that have been posted on a Facebook group. Mediaset alleged that retaining these video links constituted copyright infringement and that there were a number of postings on the group containing derogatory remarks towards the individuals involved in the show. Though the copyright infringing materials was first posted on YouTube, the media group went after Facebook to take down the hyperlinks primarily to close down the group that posted the derogatory remarks. Mediaset’s lawyer Alessandro La Rosa has weighed in and says “Despite Facebook’s role as a passive hosting provider, in this case, it’s obliged to take down and prevent access to illicit information uploaded on its website. The provider is expected to carry out its economic activity with the due diligence that’s reasonably expected to identify and prevent the reported illegal activities,”. The courtroom has ordered Facebook to pay damages amounting to EUR 35,000. Facebook is considering filing an attraction towards this choice.

Licensing News

Pocket Aces Groups up with Amazon

Digital media platform Pocket Aces has announced that their first net collection of 2019, titled ‘Home Sweet Office’, can be backed by This collaboration, which is Amazon’s first on-line association with a digital storyteller, additionally has Butterfly Ayurveda and Pipa Bella (a jewelry-maker) on board as sponsors. The show is being promoted as a fun lighthearted present the place family dynamics meet office dynamics, and will prominently function Amazon in the storyline. Each Pocket Aces and Amazon are eyeing this as an progressive alternative to spotlight the benefits of Amazon for small business house owners.

The 5-episode collection began airing on Pocket Aces’ and Dice Media’s Facebook and YouTube channels on 27th February 2019, and will air every Wednesday.

Copyright Tip of the Week

In any claim of copyright infringement, the accuser might want to establish its ownership in the infringed work. A copyright certificate is probably the most credible type of copyright ownership authentication.


Writer: BIP’s Copyright and Entertainment Regulation Attorneys

Led by Sanjeeth Hegde, Senior Associate, the entertainment regulation attorneys at BIP are among the many well-known legal professionals in the sector. They work with shoppers corresponding to Yash Raj Movies, Dharma Productions, Ananda Audio, Anushka Sharma, Sushant Singh, and Arka Media (Producer of Bahu Bali). BIP’s leisure regulation group helps shoppers shield, manage and successfully license and merchandise their artistic works reminiscent of movies, music, brands and different content material, to maximise monetary returns.

The weekly copyright and leisure regulation information initiative is a part of their pro bono work, and is aimed toward spreading leisure regulation awareness. You’re free to share the news with applicable attribution and backlink to the supply.

In case you have any questions, you might write to BIP’s Copyright and Entertainment Regulation Attorneys – [email protected]

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Saurabh Shah

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