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The idea of intellectual property
The idea of intellectual property
The idea of intellectual property
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LEGAL ANALYSIS OF INTELLECTUAL PROPERTY RIGHTS IN THE CHARACTER ‘GUTHI’
“A certain artist and a stand-up comedian associated with the programme Comedy Nights With Kapil aired on Colors television channel is planning to launch or be associated with other shows. Take notice that Viacom18 has sole, exclusive, absolute and unlimited ownership rights of all the intellectual property rights of the artist associated with the programme including the rights in the format of the programme...and/or characteristic features or mannerisms of ‘Guthi’.”
The imbroglio surrounding the much-publicised exit of ‘Guthi’ from the popular comedy show attracted hordes of attention. Viacom 18 in the notice above state that they own all rights to the intellectual property of the artist and the format of the programme. It is interesting to note here that TV formats CANNOT be a subject matter of Copyright protection. While this has been proved by several case-laws worldwide, Green v Broadcasting Corporation of New Zealand, is a landmark case where the British presenter Hughie Green of “Opportunity Knocks” was not allowed to claim Copyright over the format of the show as it lacked a sufficient degree of unity or certainty to constitute a dramatic work. While the Copyright Act, 1957 is silent on the same, the format of a show would constitute merely a concept or a mere idea which in no way would be liable for Copyright Protection. This takes away from Viacom, the claim to ownership of the format of the programme.
Further analysing their claim to ownership of the intellectual property of the ‘artist’, it is pertinent to note that the Copyright Act does not provide for the definition of the word ‘artist’. Perhaps, ‘performer’ would be a more apt term looking in...
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...her inherently distinctive or have acquired secondary meaning (i.e., meaning in the consuming public’s mind as a source identifier for the relevant goods or services). Viacom could hence, easily claim for Trade Mark protection over the character ‘Guthi’.
To conclude, while it does seem that Viacom owns proprietary rights over the character ‘Guthi’ under the Trade Mark Act and civil liability of passing off, we must remember that the whole reason behind all of these legislations was to the protect ‘the sweat of the brow’. The primary aim was to provide a temporary monopoly to the CREATOR of the intellectual property, so as to allow him to enjoy the fruits of his labour. As the channel is not the creator, they can hardly put up a stake in the ownership of ‘Guthi’.
If we look at the early history of Australian television, virtually all program material until 1963 was of foreign origin, of which eighty three percent were American and the rest British (Cited in an article by Cunningham Stuart, “History, Contexts, Politics, Policy”). Philip Bell discusses in his article that even in the first two decades of television ‘American programs and formats dominated commercial channels’ (Cited in an article by Bell Phillip, ‘Television’). So Americanization of Australian television is not just a recent development. This problem has been there right from the beginning, with American shows like Leave it to Beaver and I love Lucy dominating the TV screens of Australian households. Many are concerned with this issue, a good example is shown in an article written by David Dale, readers were asked if they were shocked by the revelation that all the most popular dramas and comedies on Australian television were made in America, and whether they thought TV stations should be forced to show more stories from other countries, including Australia.
The young men have, in the course of this night, authored a “piece,” a work of graffiti. In the traditional sense, authorship is defined as the creation of the work. In such a sense, one of these young men is the author of the piece. One of the artists claims the piece as his own, and gives credit to the other two for “assis...
Tuchman, Gaye. The TV Establishment: Programming for Power and Profit. New Jersey: Prentice Hall, Inc., l971.
Prior to the enactment of the Statute of Anne in 1710, the idea of copyright law, remained in the private law context, was in hands of profit-making stationers' company who only served to uphold their own interests in printing the materials. The Statute of Anne deeply affected the American law of copyright (Patterson, 1965) marking the beginning of copyright in a public context. Although the Statute itself had handful of loopholes like it only governed the printing of books and did not stipulate any means to identify the author, it was still often referred as the most authoritative legislation document because of its groundbreaking, historical impact on its protection to the natural and property rights of authors. In my essay, the Copyright Ordinance in Hong Kong will be illustrated to show that it succeeded the spirit of Statute of Anne, favoring the vigorous and prospering development creative work in our city. I would also suggest some ways to amend the Law in the modern circumstances where Web 2.0 Communication Tools reinvented the creative industry significantly.
During the 1990’s, some of the primary policies that had been put in place by the FCC to promote diversity of ownership of content in broadcasting were either eliminated or cut back. The Financial Interest and Syndication Rules (Fin-Syn) were repealed and the consent decree was also abandoned, allowing networks to own as much programming as the wanted, this opened the floodgates to mergers with studios. Through several other policy changes, such as the 1992 Cable Consumer Protection Act and the Telecommunications Act of 1996, a vertically integrated, tight oligopoly emerged in the commercial television and video entertainment fields (Cooper, 2007)
Over the past decade the societal view of creative society has greatly changed due to advances in computer technology and the Internet. In 1995, aware of the beginning of this change, two authors wrote articles in Wired Magazine expressing diametrically opposed views on how this technological change would take form, and how it would affect copyright law. In the article "The Emperor's Clothes Still Fit Just Fine" Lance Rose hypothesized that the criminal nature of copyright infringement would prevent it from developing into a socially acceptable practice. Thus, he wrote, we would not need to revise copyright law to prevent copyright infringement. In another article, Entitled "Intellectual Value", Esther Dyson presented a completely different view of the copyright issue. She based many her arguments on the belief that mainstream copyright infringement would proliferate in the following years, causing a radical revision of American ideas and laws towards intellectual property. What has happened since then? Who was right? This paper analyzes the situation then and now, with the knowledge that these trends are still in a state of transformation. As new software and hardware innovations make it easier to create, copy, alter, and disseminate original digital content, this discussion will be come even more critical.
The Twilight Zone aired an episode in 1960 called The Four of Us Are Dying. The episode follows a con man capable of changing his appearance by merely looking at the person he wants to become. His whole life he has slipped by, without a conscience, using his ‘talent’ to mold into other established people’s lives. He takes advantage of his ability and finds ways to rob his victims of their identities, fame, and personal acquaintances. In today’s pop culture, especially pop music, this flagrant disrespect for culture and counterfeiting of style are diminishing the credibility of many popular artists. Similar to the man in The Twilight Zone episode, there are artists in the spotlight today that need to be reconsidered for their ‘unique’ styles.
Popular culture is the artistic and creative expression in entertainment and style that appeals to society as whole. It includes music, film, sports, painting, sculpture, and even photography. It can be diffused in many ways, but one of the most powerful and effective ways to address society is through film and television. Broadcasting, radio and television are the primary means by which information and entertainment are delivered to the public in virtually every nation around the world, and they have become a crucial instrument of modern social and political organization. Most of today’s television programming genres are derived from earlier media such as stage, cinema and radio. In the area of comedy, sitcoms have proven the most durable and popular of American broadcasting genres. The sitcom’s success depends on the audience’s familiarity with the habitual characters and the situations
This Research Report will examine and identify the range of copyrights that are embodied in the music video Holy Moses. That will include, Cinematograph, Composition (Musical works and Literary works), Sound Recording (Sound recording itself and Public performance), Artistic works and Dramatic works. Megan Washington’s single and the music video were released in Australia August 5, 2011 (Albert Music, 2011).
One of the biggest issues that arises with remix art is the issue of ‘Remix vs. Plagiarism.” When does a remixed work become an original work of art? Is the work considered original as soon as it is tweaked or when it is unrecognizable? Neither, a work is unique when its purpose and meaning transcends that of the original? Works like Montgomery Lee’s “Copyright Symphony” takes a variety of images and uses them to create music out of the imbedded data on the photographs. The work can be considered his own because he had given the images new meaning by placing them together. And by turning the photos into music they are no longer photographs, instead they are musical instruments which together create something completely original.
Mittell’s argument for the examination of genre within a cultural context is useful, particularly when applied to post-network telev...
Roscoe, J 2010, ‘Multi-Platform Event Television: Reconceptualizing our Relationship with Television’, The Communication Review, vol. 7, issue. 4, pp. 363-369.
Caves, R. E. (2000). Creative industries : contracts between art and commerce / Richard E. Caves. Cambridge, Mass. ; London: Harvard University Press.
Intellectual property is information, original ideas and expressions of the persons mind that have profitable value and are protected under copyright, patent, service mark, trademark/trade secret regulation from replication, violation, and dilution. Intellectual property includes brand items, formulas, inventions, data, designs and the work of artists. It is one of the most tradable properties in the technology market.
Sewel, Philip W. “From Discourse to Discord: Quality and Dramedy at the End of the Classic Network System” Television and New Media 11.4 (2010): 235-59. Web. 18 January. 2014.