Manasi Chaudhari & Associates

Fair Use in India: Where Creativity Meets Knowledge Ever wondered how you can use a movie clip for your educational YouTube videos without getting in trouble? That’s where fair use in Indian copyright law steps in. It’s like a backstage pass that lets you use someone else’s work, but only under specific conditions—no wild parties here! Fair use, under the Indian Copyright Act, 1957, allows limited use of copyrighted material without permission for purposes like personal research, criticism, or reporting current events. Sounds simple, right? Well, it’s a bit more nuanced. The Indian judiciary usually decides on a case-by-case basis, so there's no one-size-fits-all rule. In the Delhi University Photocopy Case, the Court sided with students who were using photocopied course materials, calling it “fair dealing” for educational purposes. The publishers weren’t thrilled, but the court decided that access to knowledge was more important than profits in this case. But Why Does It Matter? The tricky part is balancing creativity and protecting original works. Sure, you can’t just grab a Bollywood hit and remix it for your own fame, but if you’re creating something new, like a parody or critique, you might be in the clear. But remember—if what you’re doing affects the original creator’s income, it likely isn’t considered fair dealing. The law keeps a close eye on whether you’re contributing to society or just cashing in on someone else’s work. The law on fair use is meant to boost creativity and allow knowledge to flow freely. Whether you’re remixing, teaching, or sharing news, just make sure you're adding value without stepping on anyone’s toes! #copyright #fairuse #intellectualproperty #ipr #law #legal #ipattorney

Dream Home or Nightmare? Avoiding Common Buying Blunders! Imagine you’re on the hunt for your dream home, and after weeks of searching, you finally find it—a charming apartment in a bustling neighborhood. You’re ready to make an offer, but before you do, take a moment to consider a few crucial steps that many buyers overlook. It’s tempting to trust the seller at face value, especially when they seem personable and eager to sell. However, failing to confirm that the title deed is clear can lead to significant headaches down the line. A friend of mine, after moving into what she thought was her dream home, discovered that part of her property was entangled in a legal dispute. A simple check with a lawyer could have saved her from a lot of stress. Now, let’s say you’ve finally settled into your new home, only to be met with a notice about unpaid debts tied to the property. This can happen when buyers neglect to obtain an encumbrance certificate from the local sub-registrar’s office which reveals any outstanding financial liabilities attached to the property. The excitement of purchasing a beautiful property can sometimes overshadow the need for government approvals. It’s essential to ensure that the construction has been approved by the local authorities rather than finding out later that it doesn’t have the necessary permits. This could result in fines or, worse, demolition therefore always check that the property has the required approvals before making a purchase. When considering new or under-construction properties, checking for RERA registration is equally important. The Real Estate Regulatory Authority safeguards buyers by ensuring timely project completion and adherence to quality standards. Many buyers fall for attractive prices without checking RERA registration, only to face endless delays and subpar construction later. Being informed can protect you from these common pitfalls. Finally, don’t underestimate the importance of budgeting for hidden costs. It’s not just the property price you need to consider; stamp duty and registration fees can add another 7-10% to your expenses. Failing to account for these costs might leave you scrambling for funds at the last minute. Be Smart, Not Sorry Buying property is more than just choosing the perfect home. It requires legal checks and careful planning to avoid nasty surprises. Don’t wait to learn from the mistakes rather be proactive and smart in your approach.

Corporate Governance in Startups: Lessons from Byju’s India's startup ecosystem is booming, with over thousands of ventures and countless unicorns. But recent governance failures, like that of Byju’s, have highlighted a crucial issue: startups often neglect corporate governance, prioritizing rapid growth instead. Byju’s, once a shining star, faced a major downfall due to poor oversight and ignorance of internal red flags. The lack of transparency and board involvement created a perfect storm, showing us that governance isn’t a luxury—it’s a necessity. Why does this happen? Startups, especially in early stages, often struggle with limited resources and shifting priorities. Financial constraints make it hard to bring in experienced board members, while regulatory complexities add to the challenge. Plus, founders with significant stakes may prioritize their personal goals over long-term value creation. But governance is the backbone of corporate sustainability. Startups can do better by incorporating the following: 1.     Active Board Oversight – Boards should engage in decision-making and provide strategic guidance, not just meet for compliance. 2.     Transparency Matters – Strong reporting and disclosure practices build trust with investors and stakeholders. 3.     Ethical Management – Fostering a culture of integrity and accountability from day one sets the tone for long-term success. Byju’s failure is a wake-up call—corporate governance can’t be an afterthought. Startups that invest in governance early not only avoid crises but also build a trustworthy, resilient foundation for growth. In the end, strong governance is what helps startups thrive, not just survive.

News Bullet-In 1. Bombay High Court Directs CBFC to Address Objections on “Emergency”                        The Bombay HC refused to order CBFC to issue a certificate for the film “Emergency” and directed it to address objections raised by Sikh organizations regarding its portrayal of their community by September 18, 2024. To read more: https://lnkd.in/d_8dE9Qc                                                         2. NCLAT Highlights Zero Payouts for Operational Creditors NCLAT upheld a resolution plan offering no payout to operational creditors, citing a zero liquidation value. The tribunal urged the government to consider reforms for equitable distribution in future insolvency cases. To read more: https://lnkd.in/dBzMbNAi 3. Bombay High Court Halts Abbott Ads Over Horlicks Dispute   The Bombay HC ordered Abbott to stop running ads disparaging HUL’s Horlicks Diabetes Plus, noting the ads caused harm to HUL. Abbott's use of a blurred but recognizable Horlicks product in the ads will be further addressed in the hearing on October 7, 2024.                                                     To read more: https://lnkd.in/deywhX73

Viacom18-Disney Merger: What It Means for the Viewers The $8.5 billion merger between Viacom18 and Disney’s Star India is set to reshape India’s media landscape, but what does it mean for you as viewers? At first glance, merging two media giants might seem like a win-win, promising more content, improved quality, and grander productions. However, there are some key concerns from the viewer’s perspective. With this merger, Viacom18 and Star India will control a significant portion of the sports broadcasting market, particularly cricket, which is a major entertainment draw in India. Holding around 50% of the key broadcasting rights, they’re in a dominant position. Firstly, there’s the matter of choice, when a few companies dominate the market, viewers often find their options limited. If Viacom18-Star controls cricket broadcasting, fans may have fewer places to watch matches. This issue extends beyond sports – it could impact entertainment and other media content as well. With fewer competitors, there’s less variety and creativity in programming. Smaller networks and streaming services might struggle to compete, potentially limiting the diversity of content available to viewers. Secondly, the impact on pricing, in a competitive market, various platforms keep subscription fees and pay-per-view costs reasonable. However, with Viacom18-Star holding a significant market share, there’s a risk that prices could rise, especially for high-demand content like live cricket. With fewer alternatives, you might end up paying more for the content you enjoy. Beyond just sports, this merger could affect the entire media landscape. As Viacom18-Star consolidates its control over content production and broadcasting, smaller competitors may find it challenging to keep up, leading to less innovation. New groundbreaking shows and fresh entertainment often come from smaller companies trying to stand out. When one major player dominates, the drive for innovation might diminish, potentially resulting in less exciting content for viewers. While proponents argue that the merger will boost India’s media industry globally and produce better content, the potential downsides for viewers are significant. Reduced choice, higher prices, and less innovation could impact your viewing experience. This merger isn’t just a behind-the-scenes shakeup – it could directly affect how you watch and enjoy media. So, keep an eye on how this massive deal unfolds and its implications for your everyday entertainment.

News Bullet-In 1. Delhi HC Grants Injunction and Damages in Louis Vuitton Copyright Case    • The Delhi HC issued a permanent injunction in favour of Louis Vuitton, barring Haute24 & others from using unauthorized photos and promotional content on their website.  • The Court also ordered Haute24 to pay Rs 5 lakh to Louis Vuitton as compensation for legal costs.  • However, Haute24 can continue selling certified pre-owned Louis Vuitton products, provided they clearly label them and refrain from selling new items without authorization from the brand. To read more: https://lnkd.in/ge3xMSH7  2. Bombay HC Slaps Rs 50 Lakh Fine on Premier for Trademark Violation  • Pidilite Industries filed a lawsuit against Premier Stationery for infringing on its “FEVICOL MR Artistic Work” and “FEVICOL MR Bottle” trademarks back in 2017.  • Despite an initial injunction, Premier resumed the violations in 2021, prompting the Bombay HC to impose a hefty Rs 50 lakh penalty.  • The Court dismissed Premier’s claims of ignorance, labelling their actions as willful contempt of the 2017 order. To read more: https://lnkd.in/gZvkEmhk  3. Delhi HC Declares “Boroline” a Well-Known Trademark, Blocks “Borobeauty”  • The Delhi HC granted "Boroline" the status of a well-known trademark, under the Trade Marks Act, 1999. • The Court ruled that Cento Products' "Borobeauty" used packaging deceptively similar to Boroline’s signature dark green tube and octagonal black cap.  • Cento is now prohibited from selling Borobeauty in its current form and must redesign it to ensure a clear distinction from Boroline. To read more: https://lnkd.in/gKwbFPTY

Protecting Your Persona: Yuvraj Singh's Legal Battle for Personality Rights In today’s world, where your name, face, and even the way you smile can become a brand, protecting your identity has never been more crucial. But what happens when someone decides to profit from your identity without your permission? That’s where personality rights come into play. Personality rights give individuals control over the commercial use of their name, image, likeness, or other distinctive traits. These rights are essential in ensuring that no one can profit from your identity without your consent, safeguarding your personal brand and reputation. However, with the rise of social media and the relentless pace of celebrity endorsements, the misuse of these rights is becoming increasingly common. Take the recent case of Yuvraj Singh, the legendary cricketer, who found himself in an unexpected battle off the field. Yuvraj signed an agreement to endorse a luxury real estate project in exchange for a high-end apartment. However, when the apartment didn’t match the promised quality, and the builder continued using Yuvraj’s brand value without permission, he sought legal recourse. The Delhi High Court has appointed an arbitrator to resolve the dispute, emphasizing the importance of respecting personality rights. This case highlights how companies often push boundaries to capitalize on a person’s brand, which can damage their reputation and dilute the value of their brand. As we advance into the digital age, where AI and deepfake technology can replicate your likeness with ease, maintaining control over your identity is more critical than ever. It’s not just about protecting your brand; it’s about safeguarding your very essence. Should there be tighter restrictions on how companies can use your image? Absolutely. Personality rights are essential in preserving the integrity of our identities in an increasingly commercialized world. What’s your take? How far should personality rights go in protecting individuals in the digital age? Let’s discuss!

News Bullet-In 1. Telugu Film Industry Women Demand Release of Sexual Harassment Report ·  The Voice of Women (VoW), representing female professionals in the Telugu film industry, urges the Telangana government to release the "Sexual Harassment and Gender Discrimination in the Telugu Film and Television Industries" report, which was submitted by a government-formed sub-committee on June 1, 2022. · The report, commissioned in response to allegations made by actor Sri Reddy in 2018 during the #MeToo movement, remains undisclosed, despite growing demands from prominent industry figures.   · The report aims to address gender discrimination, improve workplace safety, and ensure transparency regarding sexual harassment in the industry. To read more: https://lnkd.in/dr_vbCeH 2. Delhi HC Restrains Unauthorised Use of ‘Taarak Mehta’ Content   ·  The Delhi High Court issued an interim order against several entities for unauthorized use of the TV show “Taarak Mehta Ka Ooltah Chashmah,” including names, characters, and content. ·  Neela Film Productions Pvt Ltd, the show's producer, claimed infringement of its registered trademarks and copyrights, including AI-generated content and merchandise sold without authorization. ·  The court ordered the removal of infringing YouTube videos, including those containing pornographic content, within 48 hours, with potential ISP suspension for non-compliance. To read more: https://lnkd.in/dx3di-CT 3. IC 814' Netflix Series Sparks Controversy Over Hijacker Names   ·  The Netflix series "IC 814: The Kandahar Hijack" sparked backlash due to the use of hijackers' code names Bhola and Shankar, which some viewers claimed were inappropriate. ·  In response, Netflix updated the opening disclaimer to include both the real and code names of the terrorists involved in the 1999 Indian Airlines flight hijacking. ·  A PIL was filed to ban the series, with social media campaigns like #BoycottNetflix gaining traction. Despite the criticism, casting director Mukesh Chhabra defended the accuracy of the research, asserting the names were based on real-life usage during the incident. To read more: https://lnkd.in/dC5WTRub

Behind the Spotlight: A Call to Action for the Film Industry The recent findings of the Justice Hema Committee have exposed a deeply troubling reality in the Malayalam film industry—Sexual harassment and exploitation of female actors. This issue, however, isn't confined to one region or industry; it's a widespread problem that demands immediate attention and action. The resurgence of the #MeToo movement highlights the urgent need for legal protections against workplace harassment. In India, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) stands at the forefront. This legislation mandates that every workplace with 10 or more employees, including film sets, must have an Internal Complaints Committee (ICC) to handle harassment complaints. The POSH Act protects female employees, which includes everyone from lead actors to crew members working behind the scenes. Producers and other employers in the film industry have a critical role. They aren’t just there to oversee the creative process; they have a duty to ensure that their sets are safe environments where everyone, from actors to crew members, is protected. This means not only setting up ICCs but also making sure they are active, accessible, and trusted. Despite clear legal requirements, significant gaps persist in the implementation of the POSH Act on film sets. Awareness remains a critical issue, as many in the industry are still unfamiliar with the Act’s provisions, and even when Internal Complaints Committees (ICCs) are established, their role and function are often misunderstood or overlooked. The challenge doesn’t end with merely setting up these committees, the true test lies in ensuring they are trusted, active, and effective. Actors need to be aware of their rights and feel secure in reporting any issues without fear of retaliation. Moreover, the absence of a neutral oversight body exacerbates the situation, as power dynamics on set can make it difficult for individuals to come forward, particularly when their careers are at stake. What the film industry needs now is real, actionable change. Establishing a neutral oversight body, similar to the Central Board of Film Certification (CBFC), is crucial to ensure that the POSH Act is not just a formality but a living, breathing safeguard on every film set. This body would enforce compliance, support employees, and handle complaints with the impartiality that current structures lack. Industry-wide standards must be strictly enforced, with regular audits and clear guidelines to create a genuinely safe working environment. But it doesn’t stop there—awareness and training need to be ramped up across the board. Everyone, from top-tier actors to backstage crew, must understand their rights and the mechanisms in place to protect them. So, what’s your take on this?

WHAT IS THE DIFFERENCE BETWEEEN SUB-CONTRACTING AND ASSIGNMENT? If you have seen commercial contracts, you might have come across terms such as Sub-Contracting and Assignment. You might have noticed that people often use these terms interchangeably, and they’re at times overlooked since they’re placed towards the end of a contract. But are they really interchangeable? Is it important for you to pay attention to these terms when signing a contract? Let’s understand through an example: Sub-Contracting: Imagine you’ve taken on a huge website development project. You’re handling the entire project except for the part of creating visuals, for which you hire a graphic designer. The graphic designer helps you with the specific task of creating visuals, however, you stay in charge of the entire project, including all the rights and obligations. You’re the one responsible for delivering the final product to the client and getting paid. That’s sub-contracting. Assignment: Now, let’s say you’ve agreed to the website development project, but another opportunity comes along, and you can’t see it through. Instead of juggling both, you decide to transfer the entire project, along with all its rights and responsibilities to another web developer and your liability extinguishes. They take over completely and are responsible for delivering the final product to the client. This is known as assignment. Key points while drafting Sub-Contracting: 1. Define scope of work for the sub-contractor. 2. Retain control over quality and timelines. 3. Specify the sub-contractor’s responsibilities and limitations. 4. Include a monitoring and supervision clause. Key points while drafting Assignment: 1. Define scope of work being assigned. 2. Ensure the assignee understands and agrees to all terms. 3. Transfer all rights and obligations to the assignee. 4. Include an extinguishment of liability clause. Keeping these tips in mind can make your agreements a breeze, ensuring you stay in control and your business sails smoothly. Happy negotiating!