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Can I play copyrighted music in public?

Submitted by LegalWizin on Thu, 04/29/2021 - 05:04

A copyright holder has the exclusive right to perform in public. Hence, playing or performing a copyrighted work in public is only permitted if one has a license to do so or has taken permission to play and perform. It doesn’t matter if the performance is a paid one or not. If it is performed in public, it is infringement. This is mainly because its curbing the copyright holder’s ability to exploit and market his/ her own work.

Does a shareholder of a company also have copyright rights?

Submitted by LegalWizin on Thu, 04/29/2021 - 05:01

No, a shareholder does not hold any right in the copyrights of the company.

Company is a separate legal entity and it possesses assets in its own name. Hence company is the owner of the assets and the directors or shareholders or employees are not allowed to use its assets for personal use. The copyright is an intangible asset of the company alike to any other assets owned by the company. As a result shareholders cannot use the copyrights of the company unless and until company provides any license to use it.

Can you create content inspired by intellectual property? (E.g., putting a Super Mario jumpsuit on a person for a T-shirt)

Submitted by LegalWizin on Sat, 04/24/2021 - 01:54

No, one cannot do so as you would be utilizing an original work of an artist and making money out of it. Its necessary to take license of the work from the original owner before taking any such step. Doing it without authorization is violation of the copyright, hence illegal.

To understand intelllectual property rights in detail, check out think link : IPR in India: Difference between Copyright, Patent & Trademark

Should I find a new name if a similar trademark name exists in a different class but considered to be retailed in similar environments; for example, class 3 (cosmetics) and class 25 (clothing)?

Submitted by LegalWizin on Sat, 04/24/2021 - 01:52

YES, if you are starting out a new venture it is always better to have a unique name. That can create a distinct identity for your brand in the market. Often it is observed that confusion may arise among the buyers regarding the manufacturers or owners of the said product, which can lead to issues between the brands which could end up as a trademark infringement case.

Can a private parent company have more than 1 listed subsidiaries?

Submitted by LegalWizin on Sat, 04/24/2021 - 01:47

Yes, a private company can be a holding company of more than one public subsidiary as there is no specified restriction. Private company can hold shares of public companies. One must check with powers of board of directors for loan and investment by company.

read our blog Wholly Owned Subsidiary: Features and Functions

What type of registration should I do to start a company for ticket booking (like MakeMyTrip.com) pvt ltd company or sole proprietorship?

Submitted by LegalWizin on Thu, 04/15/2021 - 03:31

Both sole proprietorship firm and private limited company are unique business structures with their own benefits. The selection of form of business is a wise decision.

Sole proprietorship firm is a simplest form of business. It is easy to start and has a less maintenance cost. It will be more suitable to following type of business.

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