We have made a presentation on Sony LTD. in which we have implemented business laws such as:-
Indian Contract Act, 1872
The Companies Act, 2013
The Consumer Protection Act ,1986
Sales of Goods Act, 1930
Intellectual Property Rights Act, ( Copyright Act 1957)
2. • Laws Applicable on
Sony
1. Indian Contract Act, 1872
2. The Companies Act, 2013
3. The Consumer Protection Act, 1986
4. Sales of Goods Act,1930
5. Intellectual Property Rights Act,
(Copyright Act 1957)
3. The Companies Act, 2013
The Companies Act, 2015 consolidates and amends the law relating to
companies:
No Minimum Paid-Up Capital
No Requirement for Commencement of Business Certificate
Common Seal is Optional
Stringent Penalty for Company Inviting or Accepting Deposit
Board Resolution are Confidential
Loan can be Provided by Holding Company to Subsidiary Company
4. Indian Contract Act,
1872
According to section 2(h) of the Contract Act,1872 says “an agreement
enforceable by law is contract.”
Essential elements of a Contract :-
1. Minimum two parties
2. Offer and Acceptance
3. Lawful Consideration (defined in section 2(d) of Contract act)
4. Free Consent
5. Lawful Object
6. Possibility of performance
7. Enforceable by law
8. Certainty
6. THE COPYRIGHT ACT,1957
Copyright law in INDIA is governed by The Copyright Act , 1957.
Section 13 : Defines Scope of Existence of Copyright
Section 14 : Defines the meaning of the copyright and
describes exclusive rights given to author of
the work.
CASE STUDY : Zee Entertainment Enterprises
Limited
versus
Sony Pictures Networks India Private
Limited"
7. CASE STUDY : (Plaintiff) Zee Entertainment Enterprises Limited
VERSUS
(Defendant) Sony Pictures Networks India Private Limited"
Copyright Protection With Respect To Reality T.V. Shows
FACTS AND ISSUES:
The Plaintiff, Zee Entertainment Enterprises Ltd (“Zee”) claims that its popular show India’s Best Dramebaaz, a televised
talent hunt for child actors in the 5–12 year age group has been illicitly copied by the 1st Defendant, Sony Pictures
Networks India Private Limited (“Sony”).
Zee says Sony has infringed its copyright in its concept note and ‘production bible’.
COURT DECISION/JUDGEMENT
1) On Originality-
• A talent hunt requires eliminations from a larger pool and selection of a winner from a larger crowd. There has to be some process of
auditioning.
• Fact that both shows feature children, they seek out children with acting talent from different cities, and fact that they seek out best of these is
hardly something in which anyone can claim any Copyright.
2) Defendant not infringed Plaintiff’s programme:
• In this industry, it is common to use this document called a 'concept note'.
• There is no doubt that copyright can vest in an original concept note as original literary work.
• But this is not to suggest that every page of a concept note enjoys the same level of protection. It is not possible to accept that there can be any
such monopoly in the concept of a talent hunt for children.
• In the present case granting copyright protection to plaintiff would mean granting protection to an idea which is not the objective of grant of
Copyright.
3) Doctrines to understand the judgement in this case:
IDEA- EXPRESSION DICHOTOMY
MERGER DOCTRINE
8. Consumer Protection Act,1986
Three layers of Redressal System:
District Level: District forum extends value = or < INR 20 lacs
State Level: State Commission Forum values = or < INR 1 Cr
National Level: National Commission extends > 1cr
Each forum provides 30 days resolution.
• Right to Safety
• Right to Information
• Right to Choose
• Right to Seek Redressal
• Right to be Heard
• Right to Consumer Education
9. THE SALES OF GOODS ACT,1930
The sale of Goods Act deals with ‘Sale of Goods Act,1930,’contract of sale of goods
is a contract whereby the seller transfers or agrees to transfer the property
in goods to the buyer for a price.” ‘Contract of sale’ is a generic term which
includes both a sale as well as an agreement to sell.
Essential elements of Contract of sale
• CONSEQUENCES OF NOT DETERMINING THE PRICE IN ANY OF THE MODE [SECTION 9(2)
• CONSEQUENCE OF NOT FIXING PRICE BY THIRD PARTY[SECTION 10(1)
• CONDITIONS TO BE TREATED AS WARRANTY[SECTION 13]
• TRANSFER OF PROPERTY IN GOODS
CONDITIONS LAID BY SONY UNDER SEC 12(2) OF THE SALES OF GOODS ACT,1930 :
a. User or you means any person who accesses or uses this site, with or without sony’s authorisation and
whether or not you are registered to use this or part of this site or a member or registered user of a
service offered through this site.
b. If your access to this site, or to any part of it or to any Services is subject to the payment of a subscription
fee, Sony may deny or suspend access in the event of late or non-payment of any fee due.
c. If you do not agree to any of these Terms (or any such other rules, guidelines etc.), you may not use the
site.
10. POCO
PROGRAM OUTCOME:
Generic & Domain knowledge
Critical Thinking
Problem Solving & Innovation
Leadership & Team work
Life long Learning
COURSE OUTCOME:
Remembering
Understanding
Applying
Analyzing