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D.Gowthami Reddy, Partner, M/s.Pentallect Partners

COPYRIGHT VS DEFAMATION

             The recent tussle between the well-known actors Actor Dhanush and  Actor Nayanthara over the use of few seconds of  behind the scenes footage from the movie sets of the movie ‘Nanum Rowdy Thaan’ in her recent Netflix release NAYANTHARA - beyond the fairy tale, is all over the internet. While there are people voicing out in favor of both the actors, this article is only trying to explore the legal aspects involved in this issue. Firstly, Dhanush being the producer of the above mentioned cinematograph film is the rightful and 1 st owner of the copyrighted work in the absence of any agreement to the contrary. As per the Section 17 of the copyright Act, 1957. Further, Section 14 of the Act is exhaustive of the ways in which an owner of a copyright can exploit his work. Actor Nayanthara in her public letter addressed to Actor Dhanush was very derogatory in nature and was in many places a personal attack on his character and defamatory in nature. Nevertheless, in the given case
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D.Gowthami Reddy, Partner, M/s.Pentallect Partners

UPCYCLING - A WAY TO GENERATE IP

For many years recycling had been a big deal; However, Off late the word Upcycling has taken its place. Upcycling is a new and better way to treat trash and waste. It is nothing but upgrading the junk into new and useable products. In other words, reuse (discarded objects or material) in such a way as to create a product of higher quality or value than the original. 



Having explained what Upcycling is, my concern is the immense potential for generation of Intellectual Property that Upcycling offers.

   


 "The opportunity to upcycle trash, or turn it into new products, is vast"

 



 



 

 

Upcycling, also known as creative reuse, is the process of transforming by-products, waste materials, useless and/or unwanted products into new materials or products of better quality or for better environmental value. By Upcycling a waste product, you are giving it a new identity; for example waste water bottles, soft drink bottles, empty jam jars, old fabric etc., can be made into completely new products with no trace of the earlier identity.     

 


 


This new products are new intellectual property created and shall be protected using different intellectual property rights. One of the industries where Upcycling is common is fashion industry and interior décor. Mostly such products exhibit artistic craftsmanship. Therefore, qualify for protection under copyright law. Moreover, if a business is started naturally trademarks and branding come into play. Sometimes even a design registration of a product is possible.

 



Should Upcycling be taken seriously, revenue is sure to come. The potential for developing without any major investment is what is lucrative in this field. This justifies that age-old proverb “Old is Gold”. Turn your old stuff into Gold by creating different Intellectual Properties.

 

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