Contest !! Who Owns Guthi Win Bumber Prizes !! Brand And Fakes

Contest !! Who Owns Guthi Win Bumber Prizes !! Brand And Fakes

Contest !! Who Owns Guthi Win Bumber Prizes !! Brand And Fakes
WHO OWNS GUTHI” & WIN BUMPER PRIZES

Remember ‘Guthi’ & the controversies mounting around the character? We know you all are eager to share your view points on the issue. So here we are with a Legal Article Presentation Contest for all the LAW STUDENTS. SUBMIT an article on the TOPIC- “WHO OWNS GUTHI” & WIN BUMPER PRIZES! 

PRIZES

FIRST PRIZE- RS 5000
BEST 3 ARTICLES GET A LIMELIGHT ON BRANDSANDFAKES.COM!
Best 25 entries- Movie tickets for couple in leading Theatres.
Certificate for all Participating Students

Eligibility

Students pursuing Bachelors/Masters degree in law

Basic Details

TV Show – Comedy Nights with Kapil. Channel – Colours Character – Guthi Played by – Sunil Grover

Present legal Controversy

Sunil Grover had, on account of certain qualms with the show’s producer – Viacom18, quit the program and approached rival producers and TV channels with an offer to have his own show of ‘Guthi’.

Viacom 18 issued a public notice in a national daily claiming and declaring that the character ‘Guthi’ is their intellectual property right and that none have the right to reproduce it or adapt it in any other program.

Contrary to Viacom 18’s claims and declarations, Mr. Grover has gone forth and claimed that he has already played ‘Guthi’ prior to its stint in ‘Comedy Nights with Kapil’. Essentially, this would mean that the producers, Viacom 18, did not have any role to play in the creation or development of the character, ‘Guthi’.

Analysing this state of confusion with the guidance of the law laid down – not wholly relating to or clarifying the confusion which has arisen in the ‘Guthi’ case – by the Kerala High Court in Malayala Manorama vs. V.T. Thomas (AIR 1989 Ker 49), we may, to an extent, determine that the ownership of the characters per se is a right vesting with Sunil Grover and the ownership of the works created with the character in them, while Sunil Grover was gainfully employed, is a right vesting with the producers.

Yet, the aforesaid case of the Kerala High Court has not given an observation on whether a character is copyrightable. Being so, and considering that the present case of ‘Guthi’ is not only unique but also equally favourable to both parties’ claims and declarations, the crucial aspect is whether the character, ‘Guthi’ was, indeed, played by Sunil Grover prior to becoming a part of the ‘Comedy Nights with Kapil’ show.

Guidelines

‘Character’ means the character in any TV Show, Serial, Movie, Play, Novel, Short Story, etc. Particularly in relation to the angle of the Article, Character shall mean the character, ‘Guthi’ from the TV Show, ‘Comedy Nights with Kapil’.
The article written should relate to the legal issues in the field of Copyright and Trade Mark.
Articles presented by the students shall critically analyse the prevailing legislations in force in India in the fields of Copyright and Trade Mark as well as the leadings case laws which are applicable to the present case. Quotes of relevant sections and provisions are mandatory.
The word limit should not exceed more than 700 words.
Terms & Conditions

The copyright of all the respective articles of students shall be owned by them. However, all participating students agree to and permit Brands and Fakes to use and publish the said articles in any manner whatsoever – without any change, however – on their website(s) and other social networking sites where Brands and Fakes has an account.
Articles once sent to Brands and Fakes shall entitle it to use the said articles by way of publishing them on its websites and other associated social networking sites. Any withdrawal from the competition by the student shall not prejudice the right of Brands and Fakes to use the said article for the aforesaid purpose.
All winners will be felicitated in our BrandsandFakes Office as well as their names would be published on our Facebook site.


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