Legal Question in Intellectual Property in India
law of copyrights
Taj mahal group of hotels offer guests an ''in-room video rental''service.A menu is displayed on the guest's interactive television screen.the guest can select a movie as well as the starting time by using his remote control.Gemini pictures owning the video rental rights to its movies alleges that each selected movie is a 'public performance' and Tajmahal should pay the standard royalties.Otherwise,Gemini pictures desires to file suit for infringement.will they succeed?if yes please quote the relevant sections?
2 Answers from Attorneys
Re: law of copyrights
The Gemini pictures seems to be right. You should contact a lawyer alongwith the notice, if any, received from Gemini, for a suitable reply. You may consider negotiating an out of court settlement.
Re: law of copyrights
yes, the taj mahal group is infringing the copyright that vests in their films and showing the same to guests amounts to public performance. an offence under copyright laws is made out.
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