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Thus, this proviso implies that royalties accrue upon utilisation of work except communication to the public of film (playing movie) at cinema hall. Section 19(10) [4] states that even if the sound recording is assigned to someone else, author (or legal heirs) is still vested with right to get royalty. 14, 1957 (India). [2]
Introduction The year 2023 was a high for Indian cinema- with the love of the country for the big screen soaring high with box office numbers. The appreciation and experimentation of OTT content have shown that India Cinema is back again. Conclusion Film titles have more meaning in the vast realm of Indian cinema than just being names.
To celebrate the start of this event, this Kat has found a recent judgment issued by the Tribunal judiciaire (TJ) of Lyon [ the birthplace of cinema ] concerning a case of copyright infringement relating to the still of a short film. Every year in May, the Cannes Film Festival takes place. But, for once, there was no question of originality.
Right to communicate the work to the public. In addition to the above, Section 57 of the Act stipulates “author’s moralrights,” grants the owner of a copyright the power to exercise moral authority over the work.
This landmark decision recognizes the rights of the authors, which were long overdue and often neglected, despite being enshrined under the Copyright Act via the 2012 amendment. It is now absolutely clear that authors are now entitled to royalties for the commercial use of sound recordings, except when screened in cinema halls.
Determining the final shape and form of a work is particularly important, because from the moment it is created it is afforded intellectual property rights (economic and moralrights). The Spanish courts have hardly addressed this issue.
The judgement was passed in a matter concerning an interim injunction application filed by the Indian Performing Rights Society (IPRS) against FM Radio Broadcast channels for unauthorised broadcast of the works of IPRS members.
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