Section 31D’s Statutory Licensing Not Applicable to ‘Internet’ Broadcasting
On August 21, 2024, the Department for Promotion of Industry and Internal Trade (DPIIT) officially withdrew the Office Memorandum dated September 2016 which had extended the scope of Section 31D of the Copyright Act, 1957 to include internet transmissions. This action follows the Division Bench decision of the Bombay High Court’s ruling in the case of Tips Industries Ltd. vs. Wynk Music Ltd. & Anr. (Commercial Appeal Nos. 424 and 425 of 2019) which ruled that Section 31D of the Copyright Act, 1957, is restricted to traditional, non-internet-based radio and television broadcasting and performances only and cannot be applied to internet-based offerings.
Find office memorandum dated August 2024 here.
Pune’s Burger King wins 13 year legal battle against US Giant ‘Burger King’
After over a decade of litigation, a Pune Court recently dismissed a trademark infringement suit filed by US fast-food giant Burger King Corporation against a Pune-based burger joint from using the iconic name ‘Burger King’. The court dismissed the petition filed by the Burger King Corporation, which sought a permanent injunction against the local eatery for trademark infringement, along with damages.
The lawsuit initiated from Burger King Corporation’s discovery in 2008 of the Pune Burger King’s trademark application. The US firm had sent a cease-and-desist letter to Anahita and Shapoor Irani, owners of the local Burger King, who, on 3 July 3, insisted on continuing to use the name. In his ruling, the Hon’ble Court said the Pune-based Burger King had been using the name and trademark since well before the American corporation registered its trademark in India in 1989. He also noted that the US company had not used the trademark in India for nearly 30 years, during which time Pune’s Burger King had continuously provided services under the name, making their use of the trademark both honest and bonafide.
Read more about it here.
Madras HC Flags Grindr App’s Misuse, suggests blocking
The Madurai Bench of the Madras High Court, in a recent judgment, expressed concern regarding the potential misuse of social media and dating applications, specifically pointing to the Grindr App. The Court’s concerns arose during the hearing of a bail petition filed by Maharaja, an accused in a case involving multiple offences, including sexual assault and robbery, facilitated through the Grindr application.
The Court granted bail to the accused but imposed strict conditions. The Court emphasized that while the app itself is not illegal due to its association with the LGBTQ+ community, but its primary purpose being which the court described as serving “prurient and sexual interests,” of the community made it susceptible to exploitation for criminal activities. In its order, the Court ordered the accused to submit an affidavit undertaking to disengage from the app and any form of social media. Additionally, the accused was directed to surrender his mobile phone and notify the police if he purchased a new device.
Read more about it here.
TRAI proposal on OTT regulation by month-end
As per reports, The Telecom Regulatory Authority of India (TRAI) may announce its recommendations on regulation of OTT platforms by the end of this month. Tech and start up industry bodies have been at loggerheads with telecom operators on efforts to bring OTTs under a licensing regime. stating that apps are already regulated under the Information Technology Act (2000). It held an open house discussion on the regulation of over-the-top (OTT) communication services on Wednesday this week.
Bombay HC quashes circular issued by the state of Goa exempting hotels from taking licenses for performance of musical works at weddings
The Bombay High Court bench at Goa, on August 13, 2024, struck down a circular dated January 30, 2024 issued by the Government of Goa wherein the Government had stated that playing of music at weddings would not amount to infringement of the Copyright Act, 1957.
The issue arose in Writ Petition filed by Phonographic Performance Limited seeking striking down of the impugned circular as it hampers on its right as a copyright owner to initiate proceedings for infringement of its copyright while playing the sound recordings at wedding events. A bench of Justice M S Karnik and Justice Valmiki Mendes held that the impugned circular went much beyond the scope of Section 52(1)(za) as it added reference words like “wedding” which are not a part of the said section. The Court held that the act which is supposed to be “non-infringing” has to strictly be within the umbrella of the expression “bona-fide religious ceremony”, used in Section 52(1)(za) and has to be determined on a case by case basis.
Read more about it here.
Gujarat High Court asks Times Of India, Indian Express to publish “public apology” for misreporting court proceedings
The Gujarat High Court on Thursday mandated that the Times of India and Indian Express issue front-page apologies for incorrectly reporting the court’s observations. The response stems from an earlier incident where the newspapers allegedly provided a “false and distorted narration” of the court’s stance on the rights of aided minority institutions. The directive on Thursday came from a bench comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi, who expressed dissatisfaction with the initial apologies submitted by the publications and demanding a public apology that acknowledges the reporting mistakes clearly and is made in bold on the front page’s middle column and emphasizing the gravity of the misinformation.
Read more about it here.
Kangana Ranaut’s ‘Emergency’ faces controversy: Akal Takht, SGPC seek immediate ban
The Akhal Takht, the highest temporal seat of the Sikhs, and the Shiromani Gurdwara Parbandhak Committee (SGPC) have demanded an immediate ban on the film “Emergency”, claiming it tries to “character assassinate” Sikhs and depicts them as separatists. SGPC chief Harjinder Singh Dhami,while addressing a press conference, also sought the registration of an FIR against the Kangana Ranaut, the film’s writer, director, producer and lead actor for inciting religious sentiments.
Read more about it here.
Bombay High Court: PIL seeks ban on online gambling apps Junglee Rummy and Rummy Circle
A public interest litigation (PIL) petition has been filed before the Bombay High Court seeking a complete ban on online gambling platforms Junglee Rummy and Rummy Circle. The plea contends that these apps are addictive and have resulted in financial losses to many users, pushing some to the point of suicide. The PIL filed by social worker Ganesh Ranu Nanaware has urged the court to direct the Maharashtra government to initiate action against these apps as they are causing severe social harm, particularly among the youth.
Read more about it here.
Mumbai Police shuts down Telegram channel following a complaint from Disney Star
Mumbai police have successfully shut down a Telegram group named BJ Tech Knowledge that was illegally streaming content from major broadcasters like Disney Star, Viacom18, Sony, and Zee. The operator of the group, Balaji Asaram Jaybhaye, has been arrested following a complaint filed by Disney Star. The Telegram group in question, had amassed a user base of 5000 members who were paying Rs 300 each to access pirated content from popular streaming platforms.
Read more about it here.
Delhi High Court directs Rakshit Shetty and Paramvah Studios to pay Rs 20 lakh for copyright violation
The Delhi High Court has recently ordered Rakshit Shetty, owner of Paramvah Studios and a well-known actor in Kannada film industry, to pay a fine of Rs 20 lakhs for having used songs from MRT Music without proper authorization in his film called Bachelor Party. This follows after a copyright infringement case filed by MRT Music, claiming that Paramvah Studios used music from movies like Nyaya Ellide and Gaalimaathu without authorization.
Read more about it here.
Ajay Devgan starrer Maidan land in trouble over royalty issue from family of Late Syed Abdul Rahim
Earlier this year, Ajay Devgn had essayed the role of Syed Abdul Rahim in the biographical drama Maidaan. For the said movie, recently, Syed’s family has purportedly claimed the producers of ‘Maidaan’ has not paid monies for Mr. Raheem’s depiction in the film, as promised. A Hindu report claimed that the Telangana government had also ordered a police investigation into Maidaan makers’ alleged failure to pay royalty to Syed Abdul Rahim’s family. Their sources claimed that the family members had “poured out their woes to the officials of the Chief Minister’s Office recently and Chief Minister A. Revanth Reddy was baffled at the insensitivity of the filmmakers and ordered the police to inquire. The producers of the film have officially responded to the claims this week.
Read more about it here.
OpenAI partners with major publishing companies for licensing content
As per recent reports, news publications like The Atlantic and News Corp, along with other publishing brands such as Condé Nast are exploring partnering with OpenAI, licensing their content for use in AI products like ChatGPT and SearchGPT. It was not so long ago when OpenAI was also sued by the New York Times and eight other papers on the grounds of copyright infringement after their content was allegedly used to train the AI model.
Read more about it here.
RIL-Disney collaboration may lead to Disney+ Hotstar content merging with JioCinema
According to The Economic Times, following the proposed merger with Star India’s Disney+ Hotstar, RIL may consolidate its streaming services into a single platform JioCinema. aiming to build a unified and more robust streaming platform.
Read more about it here.
