This article has been written by Ms Vibha Singh a LLB 3rd semester student of T. D PG COLLEGE.
Abstract
In this article, I have unfolded all the related facts of theatre law which fall under copyright. Which cover the rights of playing character ,or original artistic drama . Any indigenous theatre performances, In this we will talk about all those who interfere in the field of copyrights and theatres, then however those rights rule or the registration process. I will discuss all the points in a thoughtful manner. Here we will have studied the copyright law on theatre and try to cover each and every thing about the original drama, as copyright law 1967 gives shade only to the original creator. Copyright has a wide area, some are drama, film ,literature etc. According to the copyright law. There are many rights which are given to the original owner or creator of the work. I have tried to elaborate,with the help of case law, theatres are not as famous as other subjects of copyright law ,so the cases of similar circumstances are given below .
Introduction
Copyright is a special right that belongs only to its creator.
Copyright is a legal right which is owned by its creator, under the “copyright law” .
By the use of this right he can give the permission to copy his work or make a duplicate version of his work for a specific period of time, legally or without any conditions. This law protects the interest of innovators or gives shade to creators for a long time and if we see in the reference of Indian theatre or drama , it is also protected under copyright law 1975. For the registration of copyright,work must be original. Look at the early period of theatre or drama when there was no scope for film, these things are also contemporary with limited rights on originality of drama or theatre, Now the creators have full rights over their entire untouched thing, and every untouched things can be registered by its creator name , even if it is an idea, it comes under the IPR law or any point of the IPR law and if we talk about theatre, then it is a subject of part of copyright 1957.
What are theatres?
In a true sense ,theatre is a live performance before the audience , theatre can be based on mythological stories, maybe something based on literature work or movie based something , or something original.
In the scenario of India we can see the variation in theatre ( cultural/ religious variation) where modern world just can see the ruined print of theatre on the other hand in Indian society theatre is not new term , the natyashastra book is one of the evidence even we have seen many mythological theatre drama of our time .
Background of Indian theatre:
India ‘s rich culture is not just rituals, it signifies the rich heritage of every field. Sanskriti Drama and theatre is an unbroken part of our culture. Even today Sanskrit dramas take place in kutiyattam style in the temple theatre of Kerala on traditional and religious occasions. Recently UNESCO has recognised it as a unique tangible heritage of mankind and found it as the best blend of community ,tradition and culture. It reflects our rich culture and shadows of our history, chronology has always framed problems for writers to studying this Indian theatre tradition but we cannot deny that we have first extant drama playwright which is ‘Bhasa Kutiyattam, Sanskrit theatre, That was contemporary to 5th-4th century BC it was beginning of literary plays About the Beginning stages of Of India’s Theatre History, which also denotes history of fine arts .No doubt that India has ruined most of its dramatic works It is considered that Sanskrit drama is invented by ‘sage ‘Bharat Muni’, who lived at a very remote period of Indian history and was the author of a system of music. The earliest drama is Mahabhashya, Which contains episodes of kansh vadh and Balibadha. Sanskrit theatre are best mixtures of expression, sorrow ,joy ,grief and never tragic ending , reflects our orginity and history
Kutiyattam :
Kutiyattam is the oldest Sanskrit theatre which is being performed in region of Kerala, it is being performed in Hindu temples and the place is known as Kuttampalaams the performer has to go through rigorous training for perfect gesture ,sophisticated breathing control muscles as this types of theatre fully based on gesture, detailing is over with expression ,designed with the mythological stories and characters . Leading characters’ emotions and feelings are kept as focal points of the drama .Kutiyattam goes through several days for each episode ,each episode containing deep elaboration of each and every character. Kutiyattam express character along with rituals,and culture .Theatre is open up for huge audiences
In the couple of twentieth centuries Kutiyattam went through lack of funding ,the families who knew ingredients of acting techniques suffered with hard disastrous times and many communities came ahead to join and upheld the responsibilities of Sanskrit theatre. At the end we can say Kutiyattam reflect the local traditional culture of kerala ‘s promises 1
shining light of English theatre has just left shadow of our culture early stages of British rule just tried to remove reflection of our theatre tradition and tried to portray the whole literacy according to their planning shape further many writer tried to translate many of Sanskrit drama into Hindi like ‘Raja Laxman Singh’ many made efforts to regain the position Sanskrit theatre drama in our cultural field but didn’t get much of success
WHAT’S COPYRIGHT LAW
Definition:
Copyright is a form of intellectual property protection ,protected under Indian law for the creators and of original creators .The only conditions is that work should be original it can be literary works (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine readable medium), in the area of sound recording, theatre, painting, photography etc.
According to section13 ,copyright is applicable on painting, theatre ,photos For example, books, computer programs are protected under the Article 13 of copyright Act 1957 copyright conferred on dramatic works, literacy computer database,tables books etc.
Section 14 of this Act said that copyright is a bulk of exclusive rights and can be exercised only by the owner or creator.
These rights can be used only by the creator or owner ,others can also authorise these rights with the permission of the owner or by agreement. Negotiation for licence of copyrighted work can be led by the owner . These rights include the right of adaptation, right of reproduction, right of publication, right to make translations, communication to the public etc.
This act shade is available for all unique or first copies of literary, paintings or theatre, film and sound recording works. Ingenious means anything that is not copied or untouched, copyright issue starts from very few works, registration is optional but it is better to choose registration
Section 17 lied that claimant or writers refers as primary owner of untouched work exception to this section is work provider can be climant if the work is created in the shade of work side.
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Article 13,14 and of Indian Copyright Act 1957
The biggest advantages of copyright Act ,is right available in many nations across the sphere
Let’s trace Indian views
In India copyright Act 1957 give guardianship under two points:
Economical rights of authors
And moral rights of writers.
Economical Rights
When the copyright is conferred upon literacy, film movies , series theatre,artistic works and recording ,in this types of situation first claimant enjoy Economical rights under section 14 of copyright Act 1957, to reproduce the work in any medium or storing it by any mode to release copies of work for public ,to make duplicate of original work is only relay to the hand of author or creator
Is theatre subject matter of copyright law 1957?
As drama is genere form of theatre and is the subject matter of copyright law Act 1957.
Copyright can be given in following area
- Fashion designing
- Drama
- Literature
- Film
- Cinematography
- Musical work
- Artistic works
[Copyright law don’t protect the themes, tittle, slogan or dialogues ]
Who can file for registration of dramatic (theatre)?
Author of dramatic work or creator can get registered his original theatre work or his authorized agent can also file an application for registration of copyright.
Duration
Section 22 the terms of copyright in theatre, design, picture ,paintings works etc.
section 23
The available validity of dramatic ( theatre), musical and artistic works is 60 years excluding the lifespan of the creator . In the scenario of multiple creator ,the terms is 60 year after the death of last creator
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Section 22 and 23 of Indian Copyright Act 1957
Who will examine the originality of theatre work?
While registration process examination is held by the examiner ,discrepancy cannot be waived off in any case .
What is the registration process for copyright?
-
- Steps start with essential documents, the author ,climant or owner or an authorized agent file an application either physically in copyrights office or through speed post e-filing is also available on the official website. For registration of original work, separate application must be filed with the registrar along with the registration fees the registration fees varies with different field in the case of dramatic registration the fees would be 500/-INR on the other hand for getting copyright registration of cinematography film fees will be INR 5000,the application fees range as 5000 to INR 40000 .It can be paid by different available modses which are as IPO (Indian Postal Order)or DD (Demand draft)or by e-payment all essential documents must be submitted to registrar office.
- Examination
second Step reffer to examination of documents ,while examination minimum 30 days of waiting period take place period can be more than 30 days
In this period examiner check carefully all the documents and do research on documents ,examine validity of statement of documents, if no fault or objection are raised within waiting period registrar go ahead with next step
3..Registration
In this process registrar of copyright,will enter the name of applicant in his register and issue certificate of registration on the name of creator
In the case of infringement
According to the copyright act, 1957 the use of copyrighted material without the permission of the owner is infringement of copyright.
In other words. When some deliberately or by mistake uses the copies without giving
credit it comes as a product of infringement of copyright.We can divide into two sub heading ,primary or secondary infringement.
Section 51 includes the provision related to, the reproduction of literary, dramatic (theatre) musical or artistic works I’m the form of cinematography film shall be an ‘infringing copy “
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Section of Indian Copyright Act 1957
Theatres copyrights take place when third parties make copies of theatre work or make movies with the same theme, characters and stories without the authorization of the original theatre (here theatres denote to drama) owner nor give credits to the claimant.
Some infringement cases are :
- YRF V/S Sri Ganesh Production 1
In this case, YRF filed a case against Sri Ganesh production of copyright infringement , the fact of the matter being that Sri Ganesh production has copied the movie ‘Band Baaja’ Baaraat of YRF Production as ‘Jabardasth’ after the originality test Court found many similarities between both movie, however in characters, theme stories concept etc.The court held that Sri Ganesh production has copied YRF production
II.Saregama India V/S Balaji MotionPicture: 2
Matter being with the infringement of the song,and judgement was held in the favor of plantiff.
III. Super Cassettes Industries Ltd V. Myspace Inc. 3
In this case,the judgement was held in the favour of the super Cassettes industry, which is commonly known as t- Series. The complaint was against the Myspace Inc , it is basically a social networking sites, which allowed their users to share copyright song without the authorization of Super Cassettes Industry.
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1 YRF V. Sri Ganesh production AIR 2019 HC New Delhi
- Saregama India V/S Balaji Motion Picture, AIR 2019, HC New Delhi
3.Super Cassettes Industries Ltd. V/s Myspace Inc. &Another, 29 July, AIR 2011 HC New Delhi
Advantages of Copyright
- With the enrollment of the first copy under this Act, the claimant gets uninterrupted privilege on particular indigenous.
- Innovators get guardianship of this Indian act.
- Claimants can also gain economic profit
- Copyright law prevent the misuse of original works
- Fascinated persons of the first copy can find the original claimant easily.
- Claimants take legal action on the breach of theirs legal right
Rights Of theatre copyright holders
It is always assumed that the name of the author appearing in copies of theatre (dramatic) is the original theatre drama writer or owner. A copyright owner has the following rights.
- To make duplicate of his works
- Can publish the work
- Can earn from his work
- Can translate the work
- Can produce as film can makes adaption of his works
Conclusion:
Every first work is safe under the Copyright act,1957.Here in this point ,we can say that untouched theatre work cannot be copied by any other without the authorised licence
References
By Shrishti Kaushal ,https://blog.ipleaders.in/copyright-registration/ last visit 10/11/23
By:Mahendra-Kumar-Sunkar https://www.legalserviceindia.com/article/l195-Copyright-Law-in-India.html ,visited 11/11/23
By:Rama-Nath-Dutta https://www.sanskritimagazine.com/history-origin-hindu-sanskrit-drama/ last visit 10/11/23
https://ich.unesco.org/en/RL/kutiyattam-sanskrit-theatre-00010#:~:text=Kutiyattam%2C%20Sanskrit%20theatre%2C%20which%20is,the%20local%20traditions%20of%20Kerala. Last visited 11/11/23 .
0and%20not%20the%20ideas. Last visited 10/11/23
By:Tanvi–Sapra https://lawcirca.com/what-is-the-term-of-copyright-in-india/ last visited 11/11/23
By Lucy Rana and Meril Mathew
https://ssrana.in/articlesartificial-intelligence-and-copyright-the-uthorshipp last visited 11/11/23