November 20, 2023

Copyright enforced in Indian Film Industry

This Article has been written by Ms. Ananya Gahlaut ,a 2nd year law student of  S.S Jain Subodh law college , Jaipur. 

 

Abstract :

In the digital era, copyright protection has become a major concern for content creators, publishers, and users alike. This article explores the challenges of copyright protection in the digital age, including the ease of reproduction and distribution, the difficulty in tracking, complex ownership, and high cost of enforcement. It also presents measures to address these challenges, including the use of digital rights management, watermarking, copyright education, and legal action. Many film makers face such type of problems related to copying of their original work , republishing , redistributing etc. Here , some challenges faced by the filmmakers while producing their work , while enforceing copyright. 

Introduction: In this era of digitalization and over use of internet , cause problems like copyright protection which become a major concern for content creators, publishers, and users alike. The ease of reproduction and distribution of digital content has made it difficult to prevent piracy and copyright infringement. However ,tracking ownership and enforcing copyright laws can be a complex and costly process, which can’t be done by small content creators or the new comers , it sometimes takes a long spam of time to solve the issues , because of which the original creation looses its importance. 

To address these challenges, solutions such as digital rights management, watermarking, copyright education, legal action, and international collaboration have been developed. These measures can help to protect the rights of copyright owners, deter piracy and copyright infringement, and promote responsible use of copyrighted materials.

However, the digital era continues to evolve, and new technologies such as artificial intelligence and blockchain are changing the way that content is created, distributed, and consumed. As such, it is important to continue to monitor emerging technologies and their impact on copyright protection, and to find a balance between access and protection. 

What is copyright ? 

It is a right distributed by the law to creators of literary , music , artistic works and producers of cinematograph films and sound recordings. In reality, it is rights including among other things , rights of reproduction, communication to the public, adaptation and translation of the work. There might be slight variations in the composition of the rights concerning the work. Copyright is a legal concept that grants the creator of an original work exclusive rights to that work. These exclusive rights typically include the right to reproduce, distribute, display, perform, and adapt the work. Copyright protection applies to a wide range of creative works, such as literary, musical, and artistic works, as well as films, software, and more. It is a means of protecting the intellectual property of creators and ensuring they have control over how their work is used and can benefit from it financially. Copyright laws vary by country, but they generally exist to encourage creativity and innovation by providing creators with legal protections for their intellectual creations.

The digital age has brought many challenges for copyright protection. Some of the key challenges include:

  1. Easy Reproduction and Distribution: With the rise of digital technologies, it has become much easier to reproduce and distribute copyrighted materials. Digital copies of books, music, and movies can be made quickly and easily, and can be distributed around the world in a matter of seconds , through many websites , apps etc this makes the easy availability of the films and series because of the real or the original creator faces the losses in terms of many and popularity. 
  2. Piracy: It is most significant challenge facing by film industry, illegal copied DVDs , streaming websites or web pages. The widespread easy  availability of pirated content makes it difficult for filmmakers and studios to monetize their creation. 
  3. Difficulty in Tracking: It can be difficult to track the use of copyrighted materials. Once a digital copy is released online, it can be downloaded and shared countless times, making it almost impossible to know who is using the material and for what purpose. With the rise of digital platforms and streaming services , the challenge of copyright enforcement has expanded. The ease of sharing and distributing content online has made it even harder to track and control the spread of copyrighted material. 
  4. Slow legal process: the legal system of India is really slow in the matters of tracking the real source who has the copyrighted the content and spread it throughout the internet. Copyright cases takes year to get solved , which makes the content to looses its relevancy.  In the digital age, ownership of copyrighted materials can be difficult to establish. With the ease of reproduction and distribution, it can be hard to determine who the original owner of a particular work is, or who has the right to distribute it.  
  5. High Cost of Enforcement: Enforcing copyright laws in the digital age can be a costly and time-consuming process. With so much content available online, it can be difficult to identify cases of copyright infringement and take legal action against those responsible. 
  6. International copyright issues  : It can be complex to enforce copyright internationally , especially when Indian films are distributed and viewed globally, content can be distributed globally, which can make it difficult to enforce copyright laws across different countries and legal systems.  It requires strong international cooperation and agreements. 
  7. User-Generated Content: With the rise of social media and other user-generated content platforms, it has become easier than ever for individuals to create and share their own content. However, this can also make it difficult to determine who owns the copyright to a particular work, and to enforce copyright laws.  
  8. Digital challenges  : The digital age is constantly evolving, and new technologies such as artificial intelligence and blockchain are changing the way that content is created, distributed, and consumed. Keeping up with these emerging technologies and their potential impact on copyright protection can be a challenge. 
  9. Economic challenges : India, in terms of economy is there is vast gap between the urban and rural areas , between the rich and the poor which means that not everyone can afford to watch films in the theaters or can purchase legal copies. This leads to seek cheaper or free alternative, which include the pirated copies distributed online. 
  10. Lack of knowledge : The of India still lack the knowledge about the concept of copyright, there is less awareness among the people , they find the content online and reshare it without knowing the original creator , or the content has been spreading illegally they just forward it or gain access to it , in a easier way or the cheaper way , without knowing about the consequences so there is a need of spreading awareness among the people to stop the redistributing or republishing of the content created by someone else.

 

Solutions:-

As, there is increase in copyright issues related to the copying of other persons, or the act of copying the original original film and spreading it all over the internet which cause losses to the real creators of the film in terms of money also the movie losses its popularity and relevancy as it becomes easily available to others. This becomes the major concern to the creators and publishers.

To address these challenges, solutions such as digital rights management, watermarking, copyright education, legal action and international collaboration have been developed. These measures help to protect the right of copyright owners, infringement and promote responsible use of copyrighted materials.

Solutions:-

  1. Protection and balancing access:- It is important to provide protection, along with balancing

the access. There is need for access to information and creative expression. But we need to find the right balance, by implementing same privacy policies or legal actions.

  1. Digital rights management:- It is the kind of technology that is used for restricting access to digital content and which helps to prevent unauthorised copying and distributing of the creation which belongs to some one else. It can be used to protect copyrighted materials, such as music, movies, e books etc. from being pirated.
  2. Watermarking:- It is a kind if process in which embedding a unique identifier into digital content id done, such as images or videos. It can be used to track and identify the source of content, to find the right owner or to whom, and to stop it from being used unauthorizingly. This can be a great solution, which be implemented by the filmmaker’s to protect theirs content. 
  3. Copyright awareness:- there is a need for spreading awareness among the people also educating the user about copyright laws and the consequences of copyright infringement which can help to reduce the incidence of piracy and encourage responsible use of copyright materials. 
  4. International collaboration:- collaboration between governments industry and international organisations can help to develop and enforce consistent copyright laws across different countries and legal systems. This can provide protection to the movies, series which are circulated globally. 
  5. Creative Commons licensing:- It is non profit organisation that provides a range of free standardised licenses to the creators, which can be used by then to grant permission to others to use their copyrighted materials. These licenses allow creators to retain ownership to thier content which enabling others to use it in a variety of ways depending on the terms of the license. This can be a great measure which can be used by the creators in Indian industry, to protect their music, videos, images etc. 
  6. Block chain technology:- As it increase of digitalisation, the concept of blockchain is trending, it is a decentralised digital ledger that can be used track ownership and usage of digital content. By using blockchain technology, copyright owner can create an immutable record of their ownership and control the distribution and usage of their content more effectively. It can be the one of the efficient solutions to the problem of copyright and its enforcement. 
  7. Fair use guidelines:- fair use is a legal concept that allows for the limited use of copyrighted materials without permission from the copyright owner however, the scope of fair use can be unclear and subjective, and it can vary depending on the jurisdiction and context. There is a need for developing clear and comprehensive fair use guidelines which can help to promote responsible use of copyrighted materials while respecting the rights of copyright owners. This provides for the need of protective measures and legal provisions which are strict in nature and provide speedy justice to the copyright infringement. The laws should made accordingly the need of the digital era, as the old laws and regulations, lack the ability of solving the present copyright issues.

There are some legal provision which are made for thề protection of copyright enforcement which can be as follows : 

  1. The Copyright Act, 1957:

The Copyright Act provides legal protection for original literary, artistic, and musical works, including digital content. The act outlines the rights and responsibilities of copyright owners, and provides legal remedies for copyright infringement.

  1. The Information Technology Act, 2000:

The IT Act is a comprehensive law that deals with a wide range of cyber-crimes, including copyright infringement. The act outlines penalties for various offenses related to digital content, such as hacking, piracy, and illegal file sharing.

Conclusion:

From this we can conclude that many challenges to copyright protection can been in this digital era , which is faced by many content creators as well as the filmmakers.  However, it has also provided new tools and technologies to help content creators and publishers protect their rights. By implementing measures such as digital rights management, watermarking, and educating users on copyright laws, it is possible to address the challenges presented by the digital era.

It is important to continue to monitor emerging technologies and their impact on copyright protection, and to find a balance between access and protection. With the right measures in place, we can continue to promote creativity, innovation, and responsible use of copyrighted materials in the digital age.

References : The sites referred were 

  1. https://blog.ipleaders.in/copyright-infringement/
  2. https://www.legalserviceindia.com/article/l195-Copyright-Law-in-India.html

 

Related articles