Ed Sheeran’s Copyright Infringement Battles
Biswajit Sarkar - Copyright
by Biswajit Sarkar - IP Law Firm India
7M ago
Ed Sheeran is a world-renowned singer, songwriter, and composer. He has become a household name owing to hits like “Perfect”, “Shape of You”, “Castle on the Hill”, “Photograph” etc. His music is characterised by easy-to-understand lyrics and soft yet catchy tunes. Looking back, his career trajectory has been laced with a healthy amount of plagiarism allegations by other artists. These allegations are extremely shocking given that his music has received numerous accolades and has consistently ranked charts in multiple countries. Three of the most prominent accusations of plagiarism are with re ..read more
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Tricky Tattoo
Biswajit Sarkar - Copyright
by Biswajit Sarkar - IP Law Firm India
7M ago
Understanding Copyright How would you define copyright? In simple word, the term “copyright” is a combination of the two words, i.e., “copy” and “right,” which means “right to copy.” In other words, it gives the copyright owner the exclusive right to make copies of the work, and to exercise the secondary rights that come with the monopolistic power, such as licensing rights, etc. The genesis of copyright as an established legal right can be traced back to England, 1710 where the first copyright law— the Statute of Anne was established. What made it truly groundbreaking ..read more
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Music Piracy
Biswajit Sarkar - Copyright
by Biswajit Sarkar - IP Law Firm India
8M ago
Music is an artistic work which is subject to copyright protection. Music lovers can now effortlessly stream music from anywhere in the world. Even in restaurants, bars, and lounges, the music is played to entertain their customers, whether by employing DJs or playing music through sound systems. However, copyright infringement occurs when such copyrighted music is streamed without acquiring proper license from the copyright owners. Copyright infringement disrupts the exclusive right of the copyright holder, who is usually the music producer in the case of mu ..read more
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Copyright Infringement and Music
Biswajit Sarkar - Copyright
by Biswajit Sarkar - IP Law Firm India
1y ago
Music is an artistic work which falls into the purview of copyright protection. Nowadays, music lovers can easily stream music. Even restaurants, bars and lounges play music to entertain guests, either through hiring DJs or by playing music through sound systems. However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Copyright infringement disrupts the exclusive right of the copyright holder, who is usually the music producer in the case of musical works, to gain commercial benefits from their cop ..read more
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Copyright Infringement in edited photographs
Biswajit Sarkar - Copyright
by Biswajit Sarkar - IP Law Firm India
1y ago
Photographs are under the subject matter of copyright which means that photographs are artistic works that attract copyright protection. The author of an artistic work, in case of a photograph, is the author who has originally captured the photograph, and is deemed to be the original owner of the photograph and thereby made the holder of copyright. In India, photographs enjoy copyright protection under Section 2 (c) i of the Copyright Act, 1957, which mentions the certain types of artistic works granted copyright protection in India. In USA, the person who presses the shutter button of a came ..read more
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Ownership of Musical works in Cinematographic films
Biswajit Sarkar - Copyright
by Biswajit Sarkar - IP Law Firm India
1y ago
Producers of cinematographic films use musical works to invoke a range of feelings which improves the overall experience of the audience. It creates a sense of rhythm and commentary to the segments and scenes which helps shape the emotional responses that make the cinematic experience memorable. In the famous movie Titanic, the scene in which the violins kept playing while the ship was sinking has become iconic in the minds of the public. Viewers may or may not realize how much music adds to the cinematic experience, sometimes becoming as important as the visual scenes themselves. Keeping the ..read more
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The Doctrine of Joint Authorship
Biswajit Sarkar - Copyright
by Biswajit Sarkar - IP Law Firm India
1y ago
It is fairly common to come across works which are the creations of multiple persons and authorship vests in all such people that contributed towards the creation of that work. Some common examples include two or more authors contributing towards writing a research paper or in the instance of musical works where the music composer and lyricist come together to create the next chartbuster, the list is seemingly endless. However, what constitutes joint authorship? Is it simply working on a project or is there more to it? In this article we discuss the doctrine of joint authorship and the rights ..read more
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Compulsory licensing in Copyright
Biswajit Sarkar - Copyright
by Biswajit Sarkar - IP Law Firm India
1y ago
What is a Compulsory License? Compulsory licenses are permissions from the government that allows someone else to use the copyright of the owner without his consent. In this article, we will look at compulsory licensing in Copyright and under what conditions a compulsory license is granted in India. As a developing country, India has incorporated provisions of the Berne Convention in the Copyright Act, 1957 for the grant of compulsory licenses. Under the Act, compulsory licenses are granted under limited circumstances: Works withheld from the public During the term of copyright, if any work ha ..read more
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Copyright and Broadcaster’s rights
Biswajit Sarkar - Copyright
by Biswajit Sarkar - IP Law Firm India
1y ago
What is a broadcast? The Copyright Act, 1957 originally used the term ‘radio-diffusion’ under section 2(v) to include communication to the public through any means of wireless diffusion in sound or visual form or both. Later, the 1983 amendment replaced the term ‘radio diffusion’ for ‘broadcast’ and was defined as communication to the public by wireless diffusion in the form of signs, sounds, visual images or by wire and also included a rebroadcast. In simple words, the transmission of programmes or information that we see on TV or hear on radio can be referred to as broadcasting. Instead of t ..read more
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Copyright in Registered Designs
Biswajit Sarkar - Copyright
by Biswajit Sarkar - IP Law Firm India
1y ago
Introduction Copyright in registered designs means that the author has the exclusive rights to apply a design to any article in any class. The proprietor of a registered design has the exclusive right to apply such design to all such classes. Copyright in its general sense, confers exclusive rights to the author and thus protects the works from being copied or reproduced. The purpose of design registration is two fold, it not only protects the design from being copied or reproduced but also gives the monopoly to the proprietor to produce articles of the class in which the design has been regis ..read more
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