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High Court restrains Wynk & Airtel from providing downloading and live streaming services of Tips Repertoire.

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Justice Kathawalla of Bombay High Court in its order has observed that recently the music industry which has experienced a rise of over the top service providers, who seek safe harbor under Section 31-D to exploit copyrighted works, through either internet broadcast or download features, without seeking/obtaining a license from the owners thereof. 
In my view, such use of the copyrighted works, through internet broadcast or download features, without obtaining a license from the owners of the copyright amounts to a usurpation of the exclusive rights of the owners to commercially rent, sell or communicate to the public their sound recordings. 
In its order that will stop the way the OTTs had been exploiting the copyright content of various music labels without paying the license fee to the latter, the Bombay High Court issued injunction M/s. Wynk Limited, an Over-The-Top (OTT) platform & M/s. Bharati Airtel Limited (Airtel) from commercial rental or sale by way of allowing download in any manner, on its musical portal or Wynk App, of the songs from the repertoire of Tips and further, restrained it from allowing interactive streaming of the said songs.  The common order has been issued on 23rd April 2019 in favor of Tips Industries Limited  in two Commercial IP Suits filed by it against Wynk and Airtel.
The court while holding that the Sale/Commercial rental of sound recordings in a digital medium through the internet was no different than done through physical modes had inter alia observed that the activities of Wynk and Airtel, enabling its customers to download sound recordings and access them offline in lieu of a monthly subscription fee was essentially renting out the sound recordings which clearly did not fall under the exclusions provided in the definition of ‘commercial rental’ and were a vivid instance of a commercial rental as contemplated under the Copyright Act, for which Wynk / Airtel did not have any such right, authorization or permission of the Tips. 
The Court also observed that with the purchase and download feature, Wynk was enabling its customers to store physical files / electronic copies of the Tips The repertoire on their devices in abrogation of the exclusive rights granted to the Tips under section 14(1)(e) of the Act. It also rejected the claim of Wynk that it is a broadcasting organization was entitled to a statutory license under Section 31-D of the Copyright Act, 1957 to communicate the work to the public by way of the broadcast of the musical work and sound recordings of Tips.
While observing that in the provisions of sec. 31-D of the Act, the legislature the intent clearly provided the distinction between the right to commercial rental or to sell on one hand and the right to broadcast, on the other hand, it held that the provisions of the said section provide only for communication to public by way of a broadcast of sound recordings and not their commercial rental and/or sale, thus excluding the latter activities from the purview of the statutory license issued under the said Section. It thus prohibited  Wynk Limited and Airtel from exercising a statutory license apropos thereto.
The court also negated the benefit of Section 31-Das claimed by Wynk that it being a broadcasting organization were communicating to the public by way of broadcast of the Tips Repertoire over the internet. It held that under the provisions of the Act and rules thereunder, Statutory License under Section 31-D, which was only restricted to radio and television broadcasting organizations and no other broadcasting was contemplated therein including internet broadcasting. It held that the contention of Wynk / Airtel that they are broadcasting sound recordings over the internet and that internet broadcasting is a type of audio broadcasting and hence internet broadcasting falls within the term ‘radio broadcasting’ was misplaced.
It was also observed by Court that Act and Rules therewith provide that prior fixation of the rate of royalty is the fundamental and primary criteria for any statutory license to come into existence in the first place. Without prior fixation of rate of royalty, there is no question of the existence of any statutory license. Thus, Statutory License under Section 31-D of the Act does not “automatically kick in” once notice is sent to the owner, without fixation of royalty rates by the Appellate Board.  
The court also observed that Section 31-D is expropriation legislation and the interest of the expropriated copyright owners must be considered while interpreting the said section. The interpretation of the said section as proposed by Wynk and Airtel would push the copyright owners into a perilous the position where ‘internet broadcasting organizations’ could override the copyright owner’s exclusive right over their copyrighted works granted under the Act and use the works without their prior authorization/license.
The Court also specifically rejected the proposal of Wynk to allow it to broadcast Tips Repertoire over internet upon payment of the monetary deposit with the Court during the pendency of the Suit.
Mr. Kumar Taurani of Tips Industries Limited stated that the order manifests the the provisions of 31-D of the Copyright Act in its correct perspective, which were hitherto being is-utilized by various OTTs. He was positive that the OTTs and other service providing platforms will now approach the first copyright holders for providing licensed downloads of their music.
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The new update of Instagram is going to be liked by the people very much, you should also know

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  Instagram has announced enhanced tags on reels, which will allow creators to receive credit for their work. The Enhanced Tags feature was launched for the Instagram feed in March, but now the social media platform has rolled out the same feature on Reels as well. Previously, users had alternative ways to credit each other, such as tagging each other in captions or photos on the platform, but now they can give credit directly by tagging in the reels as well, according to the company.



“Advanced Tags allow a creator’s self-assigned profile category to appear in their People tag on their professional accounts so that people can share and view a creator’s specific contribution in a photo or video post and reels. As also continues to be the biggest contributor to increasing engagement on Instagram, we’re excited to expand Advanced Tags to Reels. Simply put—if you’re a makeup artist, songwriter or other significant collaborator on a post, So your contribution will be more visible in post or reel,” Instagram explained in an Instagram post.

  • How to use the Advanced Tag feature on the Reels:
  • To use the new Enhanced Tags on the reels, follow the instructions below;
  • Open the Instagram app and tap on the (+) in the top right corner.
  • Create a new post and tap Next.
  • Make any creative edits, and then tap Next.
  • After typing the caption, tap Tag people.
  • Select Add Tags and search and select your contributors.
  • Tap Show Profile Category to display the Creator category.
  • Tap Done.

And finally, after the user has added additional tags and descriptions, they can tap on Share. “Due creative credit and recognition is a starting point for discovery, new opportunities and economic empowerment. This is especially relevant as more creators collaborate. So far, the Instagram community has come together to support creators and create a We’ve found alternative ways to give credit to others, such as tagging each other in captions and photos, so we’re rolling this feature into our products.”

In addition, Instagram is reportedly testing a new feature called Templates for Reels, which gives creators the option to create reels by borrowing formats from other videos available on the platform. Using this feature, the user can easily borrow the format of any other reel and replace the video with his own content.

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Nitin Gadkari said big thing about electric two wheelers, you also know

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Amid incidents of fire in electric two-wheelers, Union Minister Nitin Gadkari on Tuesday urged companies to take advance action to recall all defective vehicles, even as he said that the temperature in the months of March, April The EV battery has some problem when it grows. and may. The Minister for Road Transport and Highways also acknowledged that the country’s EV industry is “just beginning” and emphasized that the government does not want to create hurdles.

 


“But safety is the top priority for the government and no compromise can be made with human life,” Gadkari said at the Raisina Dialogue. importance against the background of

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 During an interaction session, Gadkari reiterated that companies can take advance action to immediately recall all defective batches of vehicles. “The temperature rises in March-April-May, then there is some problem with the battery (of EVs). I think it (electric two-wheelers are catching on fire) is a problem of temperature,” he said.

 The Minister for Road Transport and Highways said that the government wants to popularize electric vehicles. Gadkari said, “We understand that the EV industry has just started. We do not want to create any hurdles. But safety is the top priority for the government and there can be no compromise with human life.”

 Last week, Gadkari, who is known for his outspoken views, had said that negligent companies would be penalized and recall of all defective vehicles would be ordered after receiving the report of an expert panel, which would be A probe has been constituted to investigate the matter. ,

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 The government last month ordered a probe after an e-scooter launched by ride-hailing operator Ola’s electric mobility arm caught fire in Pune.

 According to the road transport ministry, the Center for Fire Explosive and Environment Safety (CFEES) has been asked to investigate the circumstances that led to the incident and suggest remedial measures. The ministry had also asked the CFEES to share the findings along with their suggestions on measures to prevent such incidents.

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Google brought a new update for Google Play Store, you also know what is special in it

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Google on Tuesday announced the release of its Data Protection section in Google Play that will allow users to view information about how apps collect, share and protect their data. The move, which was first announced in May last year, is similar to the way Apple introduced privacy nutrition labels in 2020. All developers who publish their apps on Google Play must complete the new section with information on how their apps collect and share user data. until 20 July.



Google said in a blog post that users will start seeing the data protection section in Google Play starting Wednesday. The section will have different elements to tell users what data an app is collecting and for what purpose. It will also show users whether the developer of the listed app is sharing their data with third parties.

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Google said the data protection section will help users get more visibility into “how apps collect, share, secure” on their Android devices. According to Google information developers can show in the data protection section:

  • Is the developer collecting the data and for what purpose.
  • Is the developer sharing the data with third parties.
  • App’s security practices, such as encryption of data in transit and whether users can ask for data to be deleted.
  • Whether an eligible app has committed to complying with Google Play’s Family Policy to better protect children in the Play Store.
  • Have the developer validate their security practices against a global security standard (more specifically, MASVS).
  • When users are visiting one of the apps list on Google Play they will start seeing the section.

Google initially informed developers about the change last year. It was also confirmed at the time that Google apps, along with apps from other developers, would also be part of the update and would feature data protection information in the new section.

One of the issues many researchers pointed to with Apple’s nutrition labels is its list of fake and misleading privacy labels. In some cases, app developers didn’t even include all the elements they were taking user data for. All this is mainly due to negligence on the level of Apple as it has not imposed any hard restrictions for developers to provide accurate information and filter out deceptively labeled apps.

Also Read,  Google removed the app to convert from iPhone to Android, you also know what news

Google, on its part, said last year that “non-compliant apps will be subject to policy enforcement.” It also said that new app submissions and app updates starting in the second quarter “must include information” on their listings.

However, the Android maker is yet to provide any guidelines on how it will handle misinformation from developers.

Play Store already has the problem of fake apps that spread malware many times in the past. However, some of those apps were pulled by Google when reported. Thus, it seems interesting to see how the official Android Store will deal with any false information that may, at least, come from some developers.

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