Let us test your knowledge on IPR by attempting this small quiz. Click Here. Assignment of Copyright in Bollywood Movies In the vibrant and commercially robust world of Bollywood, copyright law plays a critical role in safeguarding the intellectual property rights of creators, producers, and other stakeholders. The assignment of copyright, in particular, is a key legal mechanism that determines who owns the rights to a movie and how those rights can be exploited for commercial gain.

What is Copyright Assignment?

Under the Indian Copyright Act, 1957, copyright assignment refers to the transfer of ownership rights from the original creator (such as a writer, composer, or director) to another entity, typically the producer or production company. This legal process allows the assignee to commercially exploit the work in various forms—such as theatrical release, television broadcast, digital streaming, merchandising, and international distribution.

Importance in Bollywood

In the context of Bollywood movies, multiple creative inputs come together—scripts, music, dialogues, choreography, and cinematography. Each of these elements is independently protected under copyright law. However, to enable the seamless commercialization of a film, the producer must consolidate all these rights. This is usually done through formal copyright assignments from the individual contributors to the producer. For instance, a lyricist writing songs for a film must assign their copyright to the producer, allowing the music label and the production house to use, reproduce, and distribute the songs. Similarly, scriptwriters and composers sign assignment agreements that grant producers the authority to use their work within the movie and related promotional materials.

Legal Requirements

Section 19 of the Copyright Act lays down the specific conditions for a valid assignment. The assignment must be in writing, signed by the assignor, and must clearly specify:

1. The work being assigned.
2. The rights being transferred.
3. The duration and territorial extent of the assignment.
4. The amount of royalty payable, if any.

Failure to meet these conditions can lead to legal disputes, as seen in several high-profile Bollywood cases where contributors have challenged the unauthorized use of their work.

Challenges and Disputes

Bollywood has witnessed numerous copyright disputes, often revolving around the ambiguity of assignments or failure to compensate creators adequately. For example, songwriters and composers have, in the past, approached courts seeking unpaid royalties despite having signed assignment agreements. The 2012 amendment to the Copyright Act addressed some of these concerns by ensuring that authors of musical and literary works retain the right to receive royalties, even after assigning their copyrights. This has had a significant impact on the industry, particularly in music rights negotiations. Assignment of Copyright in Web Series: Legal Insights and Recent Developments In the rapidly evolving landscape of Indian digital content, web series have become a dominant form of entertainment. With the proliferation of platforms like Netflix, Amazon Prime Video, and Zee5, the legal framework governing the creation and distribution of these series has gained prominence. A critical aspect of this framework is the assignment of copyright, which ensures that creators’ rights are protected and that content can be legally exploited.

Understanding Copyright Assignment

Copyright assignment refers to the transfer of ownership rights from the original creator to another party, typically a producer or production company. In the context of web series, this means that writers, directors, and other creators may assign their rights to the production house, allowing the series to be produced, distributed, and monetized across various platforms. This assignment is governed by the Indian Copyright Act, 1957, which stipulates that such transfers must be in writing and signed by the assignor. The agreement should clearly outline the scope of rights transferred, the duration, and any compensation involved.

Recent Legal Precedents

Several recent cases have highlighted the importance of clear copyright assignments in the web series domain:

1. Singardaan Case (2020): The Bombay High Court ruled that the makers of the web series Singardaan had infringed upon the copyright of Shamoil Ahmad Khan, who had authored a story with the same title. The court found that the series mirrored the essential elements of Khan’s work, including plot and characters. Instead of granting an injunction, the court ordered the defendants to maintain accounts of profits made from the series and restrained them from creating derivative works .
2. Betaal Case (2020): Writer Sameer Wadekar claimed that Netflix’s series Betaal was based on his script titled “Vetaal,” registered with the Screenwriter’s Association in 2015. Wadekar alleged that there were 146 similarities between his script and the series trailer. While the court did not grant an injunction, it allowed Wadekar to amend his plea to include claims for damages, emphasizing the need for clear documentation of copyright assignments .
3. Baal Shiv Case (2021): Writer C.L. Saini filed a lawsuit against Zee Entertainment Enterprises Ltd, alleging that his concept for a series titled Baal Shiv was used without permission in their upcoming web series. Saini contended that he had shared his idea under confidentiality, and Zee had used it without authorization. The court’s intervention underscored the importance of protecting creators’ ideas and the necessity for formal agreements when sharing concepts .

Implications for Creators and Production Houses

These cases underscore the critical importance of formalizing copyright assignments in the web series industry. For creators, it is essential to:

• Ensure that all agreements are in writing and clearly specify the rights being transferred.
• Retain copies of all correspondence and documentation related to the assignment.
• Seek legal counsel to understand the implications of the assignment and to safeguard their interests.

For production houses, it is crucial to:

• Obtain explicit written consent from all creators involved.
• Maintain comprehensive records of all agreements and communications.
• Be aware of the potential for legal disputes and take proactive measures to avoid them.

Landmark Judgments on Bollywood Movie IPR and Webseries  

1. RG Anand v. Deluxe Films (1978)

This landmark case clarified the concept of “idea-expression dichotomy,” ruling that copyright protection does not extend to mere ideas. The court held that the film New Delhi did not infringe upon the play Hum Hindustani, as the idea was not protected, only the expression was.

2. Warner Bros. Entertainment Inc. v. Santosh V.G. (2009)

The Delhi High Court emphasized that an assignment of copyright must be in writing, signed by the assignor or their authorized agent, and must specify the rights assigned, duration, and territorial extent.

3. Manu Bhandari v. Kala Vikas Motion Pictures Ltd. (1987)

This case addressed the scope of moral rights under Section 57 of the Copyright Act, 1957. The court held that an author retains the right to prevent distortion or mutilation of their work, even after assigning the copyright.

4. M/S. Vendhar Movies v. The Joint Director (2019)

The court reiterated that an assignment of copyright must be in writing and signed by the assignor. It also highlighted that the assignee has the rights specified in the assignment, and any rights not assigned remain with the assignor.

5. Zee Telefilms Ltd. v. Suresh Productions (2020)

The Supreme Court upheld the rights of film producers in a copyright dispute, emphasizing that a cause of action accrues when there is a clear and unequivocal threat to infringe a right.

6. Super Cassettes Industries Pvt. Ltd. v. Trimurti Films Pvt. Ltd. (2017)

The court dealt with the issue of substantial similarity in works and emphasized that to determine copyright infringement, the entire work must be compared, and not just isolated parts.

7. Indian Performing Right Society Ltd. v. Eastern Indian Motion Picture Association (1977)

The Supreme Court held that the owner of a cinematograph film, at whose instance a musical composition is made for valuable consideration, becomes the first owner of the copyright in the composition

8. R.G. Anand v. Deluxe Films (1978)

In this case, the Supreme Court reiterated that copyright protection does not extend to ideas, and only the expression of ideas is protected. The court held that the film New Delhi did not infringe upon the play Hum Hindustani.

9. Garware Plastics and Polyester v. Telelink (1989)

The Bombay High Court held that showing a film on cable television without authorization infringes the copyright of the owner, even if the film is legally obtained. (Wikipedia)

10. Raza et al. v. HarperCollins Publishers India Pvt. Ltd. (2021)

The Delhi High Court dealt with the issue of moral rights and held that even after the assignment of copyright, the author retains the right to object to derogatory treatment of their work.  

Conclusion

The assignment of copyright in web series is a fundamental aspect of the entertainment industry’s legal landscape. Recent legal precedents highlight the necessity for clear and formal agreements to protect the rights of creators and to ensure the lawful production and distribution of content. Both creators and production houses must prioritize proper documentation and legal safeguards to navigate the complexities of copyright in the digital age.The assignment of copyright is a foundational element in the legal framework governing Bollywood films. It ensures that the producer holds the necessary rights to monetize the film while also protecting the interests of individual creators. With the rise of OTT platforms and global streaming, proper copyright management and assignment have become more critical than ever to avoid litigation and ensure fair compensation across the value chain.