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Kedar Naniwadekar   11 January 2016

Fair dealing

I am intending to develop an IVR channel for my client, where the consumers of my Client can log to the IVR channel and listen to various songs, RJ talks and other audio programs. I have acquired the rights in the songs to be broadcasted on the IVR channel and the RJ talks and other audio programs are being developed and created by me.

One of the programs created for the IVR channel is a shayari based program. I have created a character who recites shayaris in the program. The first lines of his shayaris are lines from bollywood songs and the last lines are completely new creation which are comic in nature.

Does usage of single lines from bollywood songs amount of infringement of copyright?



 1 Replies

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     17 January 2016

1) Follow these links answered all your questions in detail.
https://copyright.gov.in/
https://copyright.gov.in/Documents/handbook.html
https://www.nipo.in/ipregistration19.htm

 

 

2) Relevant Forms alongwith details of Fees payable are available at
https://copyright.gov.in/copyrightregistrationform.pdf.

 

 

3) Copyright as provided by the Indian Copyright Act is valid only within the borders of the country. To secure protection to Indian works in foreign countries, India has become a member of the following international conventions on copyright and neighbouring (related) rights:

 

Berne Convention for the Protection of Literary and Artistic works.
Universal Copyright Convention.
Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms.
Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties.
Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement.

 

 

4) The Copy Right Act inter-alia provides certain exemptions, without need to first obtain permission from the copyright holder.
For the purpose of Research, education and study
For learning and teaching in a class room
Under the Teach Act 2002, Sec 110(1 & 2), the Copy Right Law provides educators with a separate set of rights in addition to fair use, to display and perform others work in the classroom.
Copying for examination and for instruction
Fair use (making copies) not for profit

 

5) However, the original author must always be acknowledged by giving reference.  If its a Published public document not classified as privileged, the same may reproduced by giving proper reference.

 

 

6) Since the usage is for commercial pecuniary gain/ profit, the original author can any time claim against u.  While doing so, the RJ may just refer movie title or songster in token of acknowledgement to show its not ur own creation but chanting others.  Of course for very old beyond 60 years and the author expired no permission required.


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