IPRMENTLAW WEEKLY HIGHLIGHTS (AUGUST 24-29)

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Cult.fit’s ‘Jaa Simran Jaa’ advertisement taken down from Youtube after it was flagged for copyright infringement by Yash Raj Films

Cult.fit’s latest advertisement which reenacted the train scene from the Shahrukh Khan and Kajol starrer Dilwale Dulhania le Jayenge has been taken down from Youtube. This was done because it was flagged for violating the copyright by the production house of Dilwale Dulhania le Jayenge, Yash Raj Films.

Additionally, Cult.fit also deleted the advertisement and announcement posters referencing to the movie from Twitter, Facebook and Instagram. This advertisement was a part of Cult.fit’s campaign ‘Fitness is not an option’ which is produced by Supari Studios. However, in its statement, Cult.fit has said that the advertisement was released after all due diligence.

‘Uninstall Hotstar’ trends as it refuses grievance complaints against ‘The Empire’ series based on Babur

Soon after the trailer of ‘The Empire’ surfaced on the internet, fans started objecting to the Hotstar series as according to the fans the makers of the series had glorified the invader Babur in the said series. However, Hotstar rejected the grievance complaints against the series which resulted in the trend ‘Uninstall Hotstar’.

Delhi High Court upholds the “Right to be Forgotten & Right to Privacy” while granting relief to a Bengali Actress

A Bengali Actress sought restraint before the Delhi High Court on publication and streaming of her naked videos on various online platforms like Youtube. The Court while giving an interim relief to the actress said that the actress was entitled to the right of privacy from invasion by strangers and also cited the right to be forgotten. While doing so, the Court ordered these online platforms to pull down the said videos.

Further, the Court while citing an earlier decision of the Delhi High Court observed that the “right to privacy” includes under its ambit the right to be left alone and the right to be forgotten. It also said that the right to be forgotten is an inherent aspect of the right to privacy.

Read order here.

Delhi High Court issues notice in petitions by WhatsApp and Facebook challenging the first originator requirement under the IT Rules 2021

The Delhi High Court, on Friday, issued notice in petitions by WhatsApp and Facebook challenging the tracing of the first originator requirement under the recently notified Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The petition said that the provision which entails the said requirement is against the concept of end-to-end encryption. This is because it would force private companies to collect and store data.

Broadcast of Baal Shiv deferred till September 15

Broadcast of the television series ‘Baal Shiv- Mahadev ki Andekhi Gatha’ deferred till September 15, 2021 in furtherance of a copyright infringement suit filed against the said series by a writer and mythologist, Chotenlal Saini. Mr. Saini had approached the Court seeking an order of injunction against telecast of the Series. However, Justice Gautam Patel permitted the defendants to continue with the promotions and trailers of the series which would also include the new date on which the series will be broadcasted on television without claiming any equities in the same. Matter is next listed on September 15, 2021. Read order here.

DPIIT seeks comments on inclusion of digital media within scope of Section 31D as per “Review of the IPR Regime in India” by DRPSC

The DPIIT has sought comments from stakeholders to provide their comments/ inputs/ suggestions to the Department in reference to the observations of the Department Related Parliamentary Standing Committee under Para 14.8 (ii) where it recommended to include digital media within the scope of Section 31D of the Copyright Act.

“Section 31D of the Act deals with statutory licensing for radio and television broadcasting of literary and musical works as well as sound recordings wherein the broadcasters pay royalties to the copyright owner at a rate fixed by the Copyright Board for broadcasting any content. It was informed that digitization and internet culture in India has led to increase in digital content service providers and Over The Top (OTT) video apps, internet music/ podcast apps, etc. in terms of revenue contribution from OTT, India would be the tenth-largest market globally with around 805 million internet subscribers by 2022. Hence, it was suggested that Section 31D should be amended to include OTT platforms, music apps, etc. as ‘internet or digital broadcasters’ under the benefit of statutory license along with traditional broadcasters. The Committee recommends the Department to amend Section 31D for incorporating ‘internet or digital broadcasters’ under statutory license in wake of the rise in digital or OTT platforms with manifold increase in music as well as movie apps and its significant contribution to economy. This would ensure a level playing field by making content accessible on similar terms to both traditional and internet broadcasters alike”.

Read notice here.

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