SAIP is All Set to Block 231 Websites that Violate Rules and Regulations

The Saudi Authority for Intellectual Property (SAIP) is the official government body in Saudi Arabia responsible for the organization, protection, and promotion of Intellectual Property (IP) in the Kingdom. Under its competencies, the SAIP has quite recently organized an online inspection campaign on platforms and websites, including sites broadcast from outside the Kingdom that violate the Intellectual Property Laws.

As a part of its robust and continuous efforts for minimizing violations against the Intellectual Property Rights (IPRs) within the Kingdom of Saudi Arabia, the SAIP has monitored, examined, and analyzed a total of 231 websites that violate the IP laws and has prevented the same from being browsed within the nation.

All the detected websites include a host of violations, such as broadcasting sites of encrypted sports channels directly, downloading and watching both movies and web series, downloading or listening to songs on music sites without obtaining a license or authorization from the IP owner, and downloading books in PDF formats.

Furthermore, the SAIP has also detected some websites that are selling subscriptions for encrypted TV channels either through illicit streaming devices (ISDs) or software to decrypt the encrypted site for illegally displaying materials.

The SAIP has confirmed that all these practices violate the Copyright Protection law and are entitled to fines and penalties that may reach up to SR250, 000. Besides, the violation of the law may even lead to the cancelation of the website’s commercial license or its closure. In some scenarios, it may even lead to the imprisonment of the license holder for a span not exceeding six months or defamation at the account of the infringer and removing the infringement.

The SAIP has made it crystal clear that it will neither tolerate the ones who violate the rules and regulations nor accept the violations at any cost. It has also asked the residents and citizens of Saudi Arabia to support all these efforts and initiatives and respect the IP Rights. 

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Intellectual Property (IP) Enforcement in the Online World

In the present digital era, the internet has undoubtedly created a plethora of opportunities for business firms, organizations, and companies, as a result of which, they are efficiently able to communicate their brand messages and reach out to their potential customers. However, if we keep the positive aspects of the internet aside, which include its global reach, versatility, and openness, we can observe that the highly unregulated nature of the internet has led to a fertile ground for Intellectual Property (IP) Infringement corresponding to trademarked brand names, registered designs, and copyrighted content. Online infringement of IP assets covers the sale of counterfeit services and products through various digital channels and other activities, such as phishing, cybersquatting, content piracy, and Search Engine Optimization (SEO) abuse.

Exploring the Different Forms of IP

In a lot of countries across the globe, there are four prime forms of IP available, namely patent, trademark, trade secret, and copyright, and they can secure legal Intellectual Property Protection. IP infringement refers to the violation of a protected Intellectual Property Right (IPR). IP Rights are the rights given to an inventor or creator for his or her original and unique works. It implies that IP infringement is nothing but violating the right protected by a patent, copyright, or trademark. While having a patent, copyright, or Trademark Registration in hand, the creator or inventor holds the exclusive rights to initiate legal proceedings against the infringer, collect damages, and further stop the infringing activity.

Understanding the Need for Online IP Enforcement

In the present highly-competitive business environment and fast-paced society, it is essential to have a standard process or method corresponding to online IP enforcement, which most of the companies out there can adapt conveniently irrespective of their territorial jurisdiction. The reason behind doing the same lies in the fact that companies nowadays find it exceedingly arduous to monitor online IP infringement. Additionally, they can no longer rely on traditional legal remedies for dealing with such cases. Hence, they must come up with a multi-faceted and proactive strategy concerning trademark and Copyright Protection, which shall, in turn, offer efficient ways of adapting well to the extreme challenges of the online world. Doing so is of the utmost importance for companies and startups that have a lot to do with publishing content online. There are a few forms of IP that may give the owners the exclusive rights only in the nation where their IP is registered, which further leads to the need of having some extra-territorial rights in place to be independently recognized or proved by a court of law. However, when it comes to the online world, it becomes tough to implement such principles because it is quite convenient to maintain an anonymous identity by using offshore internet servers. As a result of having this kind of virtual presence, the infringers or violators end up generating massive profits. The other issue associated with the traditional approach resulting in successful online IP infringement includes the aspect of lack of uniformity in the legal landscape. Varying IP regulations, rules, and laws in different jurisdictions often result in making it hard to navigate the legal landscape.

Another crucial factor is identifying the entity or individual liable for online IP infringement and further taking appropriate action. Infringed upon content may be there on official websites of news publications, independent sellers, or individual blogs, where identifying the infringer may prove to be a lot more convenient. On the other side, such content may be there on media-sharing platforms such as Pinterest or YouTube, social media platforms like Instagram or Twitter, and seller platforms such as an app store or Amazon, which may make it arduous to come across the infringer. Furthermore, infringing content may also be indexed in widely-known search engines like Google, which would make such content convenient to come across and popularize over the original content, thereby resulting in monetary damages to the IP owner.

What is a Take-Down Request?

A take-down request refers to the procedure for asking an Internet Service Provider (ISP) or the search engine to disable or remove the access to outdated, irrelevant, or illegal information. Such requests may be issued for any piece of content that infringes on any copyright, trademark, patent, personality rights, or privacy rights. Many nations around the world have well-defined laws corresponding to requiring the ISPs or intermediaries to give to-the-point procedures for the IP owners to submit a request along with providing all the supporting information or necessary evidence concerning the take-down request. In some scenarios, such laws also set a time limit, within which the intermediary needs to respond to such requests or take appropriate action against the infringing content reported by the IP owner.✅  For view source: https://www.kashishipr.com/blog/intellectual-property-ip-enforcement-in-the-online-world/

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Biopic on APJ Abdul Kalam Entered Copyright Dispute

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/ 

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What Photographers Need to Know about 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/ 

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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/ 

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How to Defend Against Copyright Infringement Claims by Copyright Trolls?

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 Processes, Copyright 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/ 

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Bombay HC Rules Against Google and YouTube in Copyright Infringement Case

The Bombay High Court (HC) has recently ruled in favor of an Indian filmmaker named Sunil Darshan and against Google and YouTube. With the recent decision awarding damages of Rs 50000 ($700) to the plaintiff, the eight-year-long Copyright Infringement battle came to a temporary end. Although the compensation of this much amount may appear as a joke for someone who has put up a legal battle against a tech giant for several years, its value is symbolic and creates a judiciary precedent that could lead to concerning troubles to YouTube.

The Bollywood filmmaker, Sunil Darshan, filed the lawsuit accusing YouTube of violating his copyrights back in the year 2011. He was fed up with YouTube’s ignorance to remove videos of films that were his copyrighted work, and found the Content-ID reporting system to be highly inadequate.

Besides this, Mr. Darshan said that he intends to file another lawsuit to claim the complete damages that he sustained over these years.

Intended to defend itself, YouTube argued that it could not be held directly liable as it is the users (not YouTube) who upload the content (video) on this platform merely acting as an intermediary. The platform likewise claimed that the filmmaker hadn’t used its DMCA takedown tools. So it never received any report from him.

Since this argument by YouTube hasn’t been defined with certainty, the Indian Court ruled that YouTube and Google should not wait for the reception of DMCA takedown notices from the rights holders as they are aware that the content was protected under copyright. The awareness is based on the aspect that the titles of the videos infringing on copyrights were very revealing.

The Court also agreed that the tech giant made a noticeable profit by keeping the copyright-infringing content, indulging in unauthorized exploitation online. Well, this is confirmed by the fact informing that the copyright-infringing videos on this platform weren’t demonetized, but rather, the revenues obtained were split amid YouTube and the uploaders.

As this means that all the responsibilities to recognize the copyright-protected content or work and then remove the same immediately is placed on Google and YouTube, these two giants experienced a hard time to overturn this. Undoubtedly, that’s the case with the existing EU (European) law, but to come across similar grounds in India is something completely new for the tech giant. With all that said, Google is almost surely going to submit an appeal to the verdict by HC as otherwise, it would soon have to reform nearly everything related to the way it operates. For more visit: https://www.kashishipr.com/ 

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