Showing posts with label Copyright Law. Show all posts
Showing posts with label Copyright Law. Show all posts

Tuesday, 14 April 2020

French Competition Authority Orders Google to Pay Copyright Fees to Media Groups


copyright law

France's competition regulator has quite recently stated that Google must begin paying the media groups for displaying their content. It has ordered the tech giant to start involving in negotiations after refusing for several months now to comply with the new digital Copyright Law of Europe. It said that Google, within three months, needs to conduct negotiations with news agencies and publishers in good faith corresponding to the remuneration for the re-use of their protected contents. The agency further stated that this injunction looks forward to the negotiations resulting effectively in a proposal for remuneration from the tech giant that must be applied with effect from October 2019 - when France became the first nation to ratify the EU law.
The new rule on the so-called 'neighboring rights' has been put forward to make sure that the news publishers are compensated as and when their work is shown on search engines, websites, and social media networks. However, while having an efficient lock on internet searches in Europe, Google refused to comply by saying that the pictures, articles, and videos would be shown in its search results only in scenarios where the media groups allow it to use the same at no cost. Google also mentioned that if the media groups refused, then only a headline and a bare link to the content would appear - which certainly would, in turn, result in the loss of online visibility and potential ad revenue for the publisher. Consequently, the media groups ended up filing a complaint with the competition regulator last year in November.
The competition regulator said that Google's practices caused immediate harm to the press sector and were most likely to constitute an abuse of a dominant position.
The tech giant, which is yet to give an official comment on this injunction, had earlier dismissed the claims put forward by the media groups when the complaint was first filed but had promised to cooperate well with the competition regulator.
In a statement delivered last year, Google said it significantly helps the internet users to come across news content from various sources, and the corresponding results are based on relevance instead of any trade agreements. It stated that the law doesn't impose any fee for posting links, and the news publishers in Europe already derive a crucial value from the eight billion visits they get every month from the users who perform searches on Google. Although the law does incorporate the option of free licenses, the competition regulator ended up questioning Google's position corresponding to not paying any remuneration for displaying the protected content. It said that the interim measures, which require the tech giant to publish the content only via the methods chosen by the publishers, would help in providing balanced negotiations and ensure neutrality corresponding to how the information is classified and indexed for the users to find. At last, it added that the interim measures would remain in force until a decision is reached upon concerning the merits of the case and that the tech giant needs to submit reports every month revolving around the procedures for implementing the injunction. For more visit: https://www.kashishipr.com/ 

Don’t forget to follow us on social media:




Contact - US

Thursday, 13 February 2020

Biopic on APJ Abdul Kalam Entered Copyright Dispute


copyright infringement

With the recent release of the first look of APJ Abdul Kalam’s biopic, helmed by Jagadeesh Daneti in association with Hollywood stunt choreographer Johnny Martin, the biopic on the late president’s life run into a Copyright storm. The issue broke out this week when the first look for Jagadeesh Daneti’s biographical film on Dr. Kalam was unveiled (announced) and made official by the Union Information and Broadcasting Minister Prakash Javadekar.

Following Daneti’s announcement, Abhishek Aggarwal on social media claimed that ‘all the rights’ to make a biopic on the former president lie with him. He had obtained all the needed permissions from Kalam Ji’s family itself. He wrote that as a vital part of their next project, i.e., the biopic on Dr. Abdul Kalam, they own all the necessary and official rights even for making films, documentaries, and posters associated with his life in any language.

Aggarwal also stated that Dr. Abdul Kalam Foundation has officially provided the production house with the rights required for making the biopic. What the Abdul Kalam Foundation officially tweeted? It has tweeted ‘Given rights to @AbhishekOfficl of @AAArtsOfficl for making a biopic of @APJAbdulKalam. He has obtained all the official rights for making film or documentary or even posters related to Kalam Ji’s life in all languages, and taking references of such data Acts will be strictly dealt according to the law.’

According to Aggarwal, an official tweet is not less enough to prove that they have the rights for the biopic in all languages, he added.

On the other side, Daneti disputed Aggarwal’s claim by saying that he doesn’t comprehend the concept of rights as Dr.Kalam is such an inspiring personality that anyone can make a biopic on him.

Two Telugu filmmakers – Abhishek Aggarwal and Jagadeesh Daneti seem to be at loggerheads over this matter. They both claimed copyright on making a biopic on the former president of India. Reports showed that while the first look for Jagadeesh’s film was unveiled recently, Abhishek had announced his film in May 2019. However, both the filmmakers have kept their points, but who would win the battle is yet to be seen. For more visit: https://www.kashishipr.com/ 

Don’t forget to follow us on social media:




Contact - US

Monday, 3 February 2020

What Photographers Need to Know about Copyright Protection in India?


Copyright Protection in India

Modern technology has turned taking photos, editing them, and then sharing them easier than ever. However, this wonderful thing often works as a double-edged sword for photographers and their subjects. There are several misconceptions about the Intellectual Property (IP) law emphasizing who owns photos, what sorts of photos are fine to take, and what one can do with his/ her photos. As Privacy and Copyright Law related to photography is complicated and intricate, it usually raises plenty of myths and misunderstandings. Hence, learning regarding the basics of laws concerning photography is more vital than ever before.
No matter whether you’re a professional or just a hobbyist, the law applies to you. Therefore, breaking the law by either taking or sharing a photo that’s not allowed, or illegally using someone else’s photo, can make you fall in a lot of trouble. It can cost you thousands of dollars or rupees as legal penalties. Here, we’d provide you with all the statistics that every photographer should know about Copyright Protection in India.
How Can Photographers and Photographs Be Protected in India?
In India, photographs are protected as artistic work under Section 2 (c) of the Copyright Act 1957.  Since the quality of photos is immaterial to qualify as an artistic work, a bad photograph can also be protected. The essential aspect for the protection of a photograph under this section is that it must be an original work. As per section 25 of the Copyright Act, the photographs can receive protection for 60 years from the date of publication. It means the date on which one has taken the photo; there’s no need to get it actually published in any magazine.
The copyright term varies in different countries. For instance, the duration of Copyright Protection in the US and EU is 70 years, while the Berne convention provides copyright protection for 50 years.
As far as the Indian Copyright Act is considered, it is in obedience with various international treaties like the Universal Copyright Convention 1951, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement of 1995, and the Berne Convention for protection of Literary and Artistic works 1886. Just like the International Copyright Order has been passed to secure the copyright in member nations of the convention and agreement, the foreign artistic works are provided protection in India. Typically, the creator is the first owner of the copyright on a work created by him/ her according to the Indian Copyright Act. However, in the case of photographs, the photographer is considered to be the first owner unless there’s an agreement to the contrary. It means if your friend takes a stunning photograph, then he/ she owns the copyright to that particular image even though you are the owner of the camera used here. Note that the rights of the Photographer include the right to reproduce the photographs, to make any change in them, publish them, etc.
Is it Mandatory to Register the Copyright in Photographs?
Since copyright protection commences as soon as the work gets created, Copyright Registration in India is recommended but not mandatory. So it’s completely the photographer’s choice whether to get his/ her work registered as copyright or not. Under the Copyright Law of India, the expression of an idea is copyrightable but not the idea per se.  For example, if you take a photo of the sunset view and someone else also takes a picture of the same view, you can’t stop him/ her. Nonetheless, if he/ she uses your photo of the sunset on his/ her product, then you possess the right to stop him/ her under Section 51 of the Copyright Act intended to protect photographers’ copyright infringement. The Courts in India also have held that the publication of a photograph by any other photographer without the original photographer’s permission by copying it from any published material is considered as Copyright Infringement. Nevertheless, individuals or groups other than photographers may use the published photograph without any intention of obtaining undue profits from it. If a person wants to use photographs for purposes like teaching, research, legislative, judicial proceedings, then he/ she is allowed to do so without the prior consent of the photographer, because this type of use falls under the principle of fair use.
The Copyright Act 1957 is a remarkable Act that effectively defends the Photographer’s Copyrights in India. It ensures protection for not just the traditional paper photographs but online photographs as well even though not expressly mentioned. With a robust legal base to protect copyright, the existing law can competently overwhelm the challenges posed even by the rapidly advancing technology. Nonetheless, to ensure comprehensive protection, all (photographers and those who wish to use the photographs) should be aware of Copyright Law and Act in an appropriate way. Hopefully, this article has provided you with a lot of useful information. If you are still looking for any other statistic related to copyright protection in India, it will be better to consult a deft IP Attorney. You can also look for an experienced Intellectual Property Law Firm in India. For more visit: https://www.kashishipr.com/ 
Don’t forget to follow us on social media:








Contact - US

Thursday, 9 January 2020

Chhapaak Director Meghna Responds to Copyright Claims by Writer Rakesh Bharti


Chhapaak Director Meghna Responds to Copyright Claims by Writer Rakesh Bharti

Director of the movie Chhapaak Meghna Gulzar has recently filed an affidavit against writer Rakesh Bharti in response to copyright violation charges. In her response filed before Bombay High Court (HC), she said that copyright couldn’t be claimed on true events and sought dismissal of the lawsuit seeking a stay on Chhapaak’s release scheduled to be held on January 10, 2020.

Writer RakeshBharti had filed a Copyright Infringement lawsuit against director Meghna Gulzar and actress Deepika Padukone in association with their upcoming film Chhapaak in which the actress plays the role of an acid attack survivor. Based on the story of the life of an acid attack survivor named LaxmiAgarwal, the said film revolves around Malti and her struggle not just to find justice but also for self-acceptance, courage, and love for life after a 32-year-old man poured acid on her face for rejecting his proposal when she was just 15.

Rakesh claimed that he, along with his son, had acquired rights to bring the real-life story of an acid attack survivor on the celluloid and that they had registered their film with the name Black Day in 2015. He added that they had shared a copy of their script with executives at Ka productions, Mriga Films, and Fox Star Studio, but found that the makers were already planning for the film separately. He also alleged that they finally wrote to the director in the year 2017, but she didn’t reply. It’s the said copyright violation allegation in response to which the director has filed an affidavit against the writer at the Bombay High Court.

The affidavit filed by the director through NaikNaik and Company stated that the lawsuit filed by RakeshBharti is ‘wholly misconceived, frivolous, legally untenable, and unmeritorious.’ In detail, it stated that:
·         The writer has failed to place any detail on record, which can explain that the suit film is infringing upon or imitation of the suit work.
·         The details of pre-production and post-production activities related to the film are in the public domain since February 2017, and the suit film has been publicized widely through digital platforms and print media. Hence, it is inconceivable that the petitioner (writer) was unaware of the fact that the defendant (director) was planning or planned to produce the suit film.
Furthermore, Gulzar, in her affidavit, asserted that Copyright Protection could not be extended to facts available in the public domain and events, which have factually transpired. The affidavit also pointed out that the suit didn’t specify how the story of the writer’s film and Chhapaak movie was the same.
Meanwhile, the movie Chhapaak slated to release on January 10 is just a few days away from hitting the screens, the result of the hearing associated with matter is yet to come. For more visit: https://www.kashishipr.com/ 

Don’t forget to follow us on social media:




Contact - US

Wednesday, 8 January 2020

How to Defend Against Copyright Infringement Claims by Copyright Trolls?

copyright infringement

Under Copyright Law, all those who participate in displaying or distributing the unauthorized copy of a copyrighted work is liable to infringement. With this rule, and the ease to copy things online, and increasingly, the ease of finding such copies, the vulnerabilities to get hit by copyright trolls have increased manifold.

Copyright Troll
It is a term used to represent copyright owners who threaten litigation over the use of their copyrighted content to extract extreme license fees. The tactic, in common, is based on provisions for awards of Intellectual Property (IP) Attorneys‘ fees and statutory damages to successful plaintiffs in the copyright infringement lawsuit, which can result in damages many times higher than the typical license fees. In general, the step-wise process of copyright trolling includes finding the copyrighted content online, sending license fee demands, and then processing payments. Note that although the allegations of infringement and demands for fees by copyright trolls are invalid in many cases, still ignoring them isn’t safe at all. As many reports show that almost every business with a website is vulnerable to copyright trolling, it is crucial to deal with the demands from copyright trolls promptly and appropriately.
More important, website owners and internet surfers should take measures to keep themselves away from Copyright Infringement claims in the first place. Here’re the steps that can help them in doing so.

Steps to Avoid Being Hit by Copyright Trolls
1.     Never Assume That Any Content Online Is Free to Use
A commonly held but false assumption is that the content found online is available for everyone to use. Nonetheless, the reality is a bit different. In reality, almost all content online is protected under copyright rights, and therefore, one who wants to use it always need permission to do so. It is true for all users, whether they are using the content for commercial business or as a non-profit entity. Although the copyright owners charge comparatively lesser license fees to non-profits than commercial businesses, they are entitled to demand compensation for their work’s unauthorized use from all users.
2.     Don’t Assume That Your Unauthorized Use Would Qualify As Fair Use
The concept of Fair Use doesn’t correlate to the normal concept of what is fair. Moreover, the rules for what will qualify are not easy. While the fair use concept can apply to certain educational, editorial, and non-commercial use, it doesn’t mean that any non-profit or educational entity is free to use copyrighted works without the owners’ consent. Nor does it mean that giving credit to the owners will excuse the unauthorized use.  Fair use, in actual, is one of the difficult legal doctrines that demands looking at several factors to stay safe. Hence, if you are planning to go for Fair Use, be meticulous and proceed only after having precise information and under the supervision of deft IP lawyers.
3.     Get Permission from the Copyright Owner
If you want to use any photo available online, then it is better to utilize the information provided with the search results to find and contact the copyright owner who can grant permission to use that photo. Generally, it is the safest way to use a preferred image without facing issues. Adobe Stock, Getty Images, and Shutterstock are some of the reputable stock agencies that allow you to obtain creative content for various levels of licensing.
4.     Ensure Having Appropriate Contracts With Your Designer
If you are looking to get your site designed by a designer, don’t forget to have written contracts with him/her. The contract should include info that he/she has obtained permission for the use of any third-party content. It must also include a provision that you are not liable to any claim if the content used by the designer infringes upon anyone’s IP.
5.     Do not Ignore A Copyright Troll Demand
People often ignore the copyright troll demand, but it is not at all a good idea. Doing so can be dangerous. Hence, rather than ignoring the notice from copyright troll, you should take it seriously. On the other side, it would not be wise to pay the asserted fee without making efforts to know whether the claim is valid. Actually, in most cases, the claims are invalid, and even if they are valid, then the demanded fee may not be reasonable.
Therefore, before stepping ahead, you are recommended to evaluate the situation and determine the best strategy to respond to the demand you received from the copyright troll. As per many reports, finding an experienced lawyer who deals in Copyright Registration ProcessesCopyright Infringement lawsuits, etc., is an excellent way to handle such situations. With a prompt rebuttal under the supervision of an adept copyright solicitor, you can get the claim removed or the monetary demand reduced. For more visit: https://www.kashishipr.com/ 

Don’t forget to follow us on social media:




Contact - US

Tuesday, 24 December 2019

Worldwide Scenario and Legal Aspects of AI Patent Filing


intellectual property process

In the present 21st century, the advent of Artificial Intelligence (AI) is omnipresent in diverse spheres of human life. Owing to this, not all but most AI experts and innovators today are rushing towards creating their Intellectual Property (IP) portfolio in this area. All these facts have led to a wide range of AI and ML-related patent filing.
According to many recent reports, ML and AI-based Patent Applications have quadrupled in the last few years. This remarkable increase is a result of the widespread use of these advanced technologies in almost all fields.
Scenario of AI Patent Filing in India
Along with being one of the fastest developing economies in the world, India shows a keen interest in technological growth as well. For instance, NITI Aayog, the premier policy ‘Think Tank’ of the Government of India, in June 2018 had published a discussion paper -“AIforAll” – on the National Strategy for AI. With this and many other efforts by the Indian government and Intellectual Property Right (IPR) administrators, AI has become a new target for filing Patent Registration Applications in India. In the present times, india is in the top countries that are filings in specific categories, including
·         Natural Language Processing (NLP) and
·         Computer Vision
Although India has been placed at 8th position for the first filing in the year 2015, still it achieved 5th place in the total patent filings related to AI. Microsoft, Accenture, Tata, and HCL Technologies are amongst the top companies involved in filing the maximum number of Patent Applications in India. In short, these four firms are amongst the top patent filers in India.
Worldwide Scenario of AI Patent Filing
As per WIPO (World Intellectual Property Organization) Technology Trends, following are some key highlights showcasing the global scenario:
·         The United States of America possesses the highest number of AI-based patent applications.
·         China, with not much lesser number of filings, is closely following the USA.
·         Besides IBM that has the world’s largest AI-related patent portfolio, BT group with 86 patent families is the top UK player.
·         Magic Pony Technology, the company which was acquired by Twitter in 2016, also has a highly specialized AI-related portfolio
·         US businesses have surpassed the British patent applicants to be the top application filers at the UK’s Intellectual Property Office as probably the maximum numbers of AI patent applicants are from the US.
·         AI-based technologies are the key drivers for increasing the percentage of patent filings worldwide.
Legal Aspects of AI Patent Filing
Some vital legal aspects of AI-related Patent Applications Filing in the global landscape are as follows:
Europe
As per some new guidelines issued by the European Patent Office (EPO), AI and ML are based on the computational models and algorithms that are of an abstract mathematical nature. Hence, to quantify for Patent Registration, an invention must possess technical characteristics that can associate with a technical field and technical problem.
UK
According to the UK Copyright, Designs, and Patents Act, the computer-generated works are those generated by computers such that there is no human creator. It also illustrates how this affects the authorship, by citing that the author shall be considered as the person who should undertake the arrangements essential for the creation of the work.
China
In China, the patentability of AI-based inventions hasn’t been actively discussed yet. Moreover, the Copyright Law of China doesn’t include Copyright Protection for machine-generated works, as it’s extremely debatable. Nevertheless, as large numbers of patent applications based on AI are filed, it is being predicted that the nation will soon intensify the deliberation.
Japan
Japan has not yet concluded as to whether AI-based works should obtain Patent Protection or not. Nonetheless, the Japanese Patent Office has recently provided some case examples (both in English and Japanese languages) of AI-related technologies.
Singapore
When it comes to Singapore, IP policies appear resting in the middle-of-the-road, i.e., neither minimalist nor maximalist. The experts argued that these sorts of policies helped Singapore to thrive as a nation over the last 50 years. Singapore recognizes that AI will reach its full potential only if the public trusts it, and thus, released a framework for its ethical use.
Hopefully, this up-to-date information regarding the current legal aspects and global scenario of AI-related patent filing will prove beneficial for you. It can help you in coming up with AI-based creative and unique work. It can also aid you in determining where and how to protect your new and useful creation. For more visit: https://www.kashishipr.com/ 

Don’t forget to follow us on social media:







Contact - US