Recent Developments in Entertainment Law
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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
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?