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1. Entertainment Law
Recent Developments
By:
Nishant Kewalramani

2. Agenda
 Copyright Amendment Bill 2011
 Filing of Copyrights
 Copyright Infringement
 John Doe orders

3. 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

4. COMMERCIAL RENTAL
Does not include
 Rent
 Lease
 Lending
For 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

5. Future Modes of Exploitation

6. 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

7. Ownership Issues
 Work For Hire
 Employment Contract
 Literary, dramatic, musical or artistic work
Ownership not affected
OR
Right to Receive Royalty not affected

8. 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.

9. 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

10. 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

11. 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?

12. Copyright Infringement
 OOh La La
 Ui Amma

13. John Doe
 Unknown Defendant
 Singham, Don 2, World cup matches…
 ISPs & Cable Operators
 Applicable to trademark violation as well.

14. THANK YOU
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