‘Hera Pheri 3’ stuck in legal trouble, T-series sends notice to film makers
According to a trade magazine, T-Series has issued a public notice to the makers of ‘Hera Pheri 3’, claiming all the audio and visual rights of every song in the ‘Hera Pheri’ franchise. In the notice, T Series called itself the sole and exclusive right holder of all copyright of all “Music and Audio Visual Song Rights” of the Franchise Film on all modes, mediums and formats (whether existing now and arising in future) throughout the entire world and in perpetuity.”
An excerpt from the notice read, “Notice is hereby given to the public in general and film trade in particular that Super Cassettes Industries Private Limited (T-Series) is the sole and absolute owner of copyright in relation to the music and audio visual songs i.e. Master Sound Recordings, Literary Works and Musical Works embodied in the Sound Recordings, and Audio Visuals of all the songs (hereinafter referred to as “Music and Audio Visual Song Rights”) for entire world in perpetuity for exploitation on all modes, media and formats (whether existing now and/or arising in future) in the Hindi language film currently “Untitled”, to be released as a franchise of the ‘HERA PHERI’ films (hereinafter referred to as the “Franchise Film”) T Series claimed that the Music and Audio Visual Song Rights were assigned by Base Industries Group to T-Series.
Punjab Court stays the release of Imtiaz Ali’s film ‘Chamkila’
A local Court in Punjab has ordered Reliance Entertainment, producer Imtiaz Ali, actor Diljit Dosanjh, Parineeti Chopra, and Gurmail Kaur—the widow of the late Punjabi singer Amar Singh Chamkila—not to broadcast, release, upload, or stream the biopic (film) on Chamkila and singer Bibi Amarjot Kaur in any way till Tuesday i.e. March 28, 2023.
The court issued the decision in response to a petition filed by Ishjeet Randhawa and Sanjot Randhawa, sons of deceased producer Gurdev Singh Randhawa.
The plaintiffs have predominantly placed reliance on a copy of writing/agreement dated October 12, 2012 wherein Chamkila’s wife (Gurmail Kaur) on behalf of her father allegedly gave Randhawa’s father the rights to make a biopic about her husband, Amar Singh Chamkila for which she had also received Rs. 5 Lakh. There was no set timeline for making the biopic.
Furthermore, it was revealed by the petitioners that their father passed away on November 03, 2022. When the petitioner began making plans for the biopic and contacted Gurmail Kaur, she began delaying the matter on various reasons. They later discovered that the defendants were already working on a film about Chamkila and Bibi Amarjot Kaur in collaboration with another producer.
Currently, the defendants have been ordered to appear in court on March 28, 2023.
Read order here.
Government to ensure strict action to stop vulgar content on OTT Platform says India’s I&B Minister
India’s Minister of Information and Broadcasting (I&B Ministry) Anurag Thakur said at a press conference on March 19, 2023 said that the government is ready to amend rules for over-the-top (OTT) streaming platforms like Netflix, Prime Video, and Disney+ Hotstar to curb obscenity and profanity if the need arises.
Shri Anurag Thakur said, “abusive language in the name of creativity will not be tolerated. The government is serious about the complaints of increasing abusive and obscene content on OTT platforms. If there is a need to make any changes in the rules regarding this, the ministry is willing to consider that. These platforms were given freedom for creativity, not obscenity. Whatever necessary action needs to be taken on this, the government will not back down from it.”
Read here for more details.
Government to amend COTPA to to make anti-smoking warning mandatory for OTTs
The Union Health Ministry is planning to amend the Cigarettes and Other Tobacco Products Act (COTPA) that will mandate OTT (over-the-top) platforms or streaming services to show health warnings during smoking scenes in movies and Web series. Officials said that the changes in COTPA rules are expected within the next few months.
Intermediary not required to take action against alleged infringers on user’s complaint under Rule 03 of the IT Rules, 2021: Delhi High Court
The Delhi High Court while hearing a suit filed by a manufacture and seller of car covers against Flipkart and eight entities who were allegedly selling similar products by copying the design, look and feel of the car covers sold by it on the e-commerce platforms observed that an intermediary is not required to take action against alleged infringers on receiving a complaint of the user regarding the infringing acts on the portal under Rule 3 of the IT Rules, 2021.
The Plaintiff alleged that by failing to remove the allegedly infringing lists from its website despite an intimation by the Plaintiff, Flipkart infringed the statutory provisions under the IT Rules, 2021. The Counsel appearing for the Plaintiff submitted that Flipkart has violated Rule 3(2) of the IT Rules, 2021, by failing to act on its complaints.
The Court observed that Rule 3(2)(a) only envisages complaints regarding violation of the provision of Rule 03. There is no provision in Rule 03 which requires an intermediary, on receipt of a complaint regarding infringing activities on its port, to take any action against the alleged infringers. All that is required of a intermediary in this clause is to inform the user not to display or host infringing content.
Read full order here.
Nawazuddin Siddiqui Files Defamation Case Against Brother, Ex-Wife in Bombay HC; seeks 100 CR in damages
Actor Nawazuddin Siddiqui has filed a case of defamation and harassment against his former wife, Aaliya Siddiqui, alias Anjana Pandey, and his younger brother, Shamsuddin, at the Bombay High Court. The actor has claimed damages worth Rs 100 crores, as per a report by Live Law.
Read more about it here.
Kerala High Court disposes off plea to block Telegram in India
The petitioner, namely Athena Solomon, filed the plea and alleged that Telegram was circulating obscene, vulgar sexual content which features women and child pornography content.
During the previous hearing on February 17, 2023, the main issue that was raised was that since there is neither a grievance officer nor any registered office in India for the messaging App therefore it was difficult to trace out the culprits and file a case against them. Thus, the petitioner sought the writ of mandamus or any other writ to block the use of Telegram in India.
The counsel representing the Central Government while opposing the plea to block ‘Telegram’ submitted that the contact details of the grievance officer of Telegram are available in the URL available to the public on App’s website. Division Bench of Chief Justice of Kerala High Court S Manikumar and Justice Murali Purushothaman disposed of the PIL on the submission of the central government counsel that the petitioner can approach the Grievance Officer of the messaging service under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, for removal of objectionable content.
Spotify drops Zee Music song repertoire over licensing dispute
As per reports, Spotify has removed the songs of Zee Music after negotiations for a renewal of their licensing agreement fell through.
Speaking of the matter, Spotify told Billboard, “Spotify and Zee Music have been unable to reach a licensing agreement.” The music streaming platform further added, “Throughout these negotiations, Spotify has tried to find creative ways to strike a deal with Zee Music and will continue our good faith negotiations in hopes of finding a mutually agreeable solution soon.”
