This article has been written by Mr. Abdulla, a 4th year B.A.LL.B student of Aligarh Muslim University, Uttar Pradesh.

Introduction

Meaning of expression “copyright” is given under section 14 of the Copyright Act. The works in which copyright subsists are given under section 13. Section 16 manifests that there is no copyright except as provided in the Copyright Act, 1957. Section 14 mandates that the Author of the work shall be the first owner of the copyright. As per section 21, the author can relinquish his right. Under section 30,  the owner of copyright may grant any interest in the right by license to anybody either to produce and publish a translation as can be seen from a section 32.

Section 51 enumerates when copyright shall be deemed to be infringed, section 52 enumerates which acts are not infringed of copyright. Section 57 deals with a special right of the author even after the assignment of the work. Section 63 prescribes the punishment for the infringement of the copyright. The purpose of all above mentioned sections is to protect the work of the author and to give him the credit he truly deserves.

A copyright confers exclusive rights on the copyright owner. These rights enabled the owner of the copyright to reap him monetary as well as other benefits. If any of those benefits taken by any other person other than the owner of the copyright, then it’ll constitute infringement of the copyright.

What is Copyright Infringement?

Since the forms of creative works are numerous, i.e., literary, dramatic, musical, artistic, etc. the act which would constitutes infringement would depend upon the nature of the wok.

Section 51 of the Copyright Act, 1957, defines infringement of a copyright not specifically with respect to each kind of creative work, but in general terms.

According to Section 51 –

Copyright in any work is deemed to be infringed,

1. When any person without a license from the owner of the copyright, or the Registrar of Copyright, or in Contravention of the conditions of a license granted or any conditions imposed by a competent authority under the Act:

1. does anything, that the exclusive right to do which is conferred upon the owner of the copyright, or
2. permits for profit any place to be used for the communication of the work to the public where such communication constitute an infringement of the copyright in the work, unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright, or

1. where a person,

1. makes for sale or hire, or sells or lets for hire or by way of trade displays or offers for sale or hire any infringing copies of the work, or
2. distributes, either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, any infringing copies of the work, or
3. exhibits to public by way of trade any infringing copies of the work, or
4. imports into India any infringing copies of the work except one copy of any work, for the private and domestic use of the importer.

The reproduction of a literary, dramatic, musical or artistic work in the form of a cinematograph film will be deemed to be an infringing copy. In simple words, it is the commercial exploitation of the work in any form by a person without authority that constitutes infringement. 

In Gopal Das v. Jagannath Prasad, the plaintiffs were the printers and publishers of the books. The book titled “Sachitra Bara Kok Shastra” was printed for the first time in 1928 and had run into four editions since. The defendants printed and published another book titled “Asli Sachitra Kok Shastra ” in 1930. The plaintiff’s case was that the book published by the defendants was in colourable imitation of their book and an infringement of the plaintiff’s copyright. It was held by the court that the plaintiff compiled their book with considerable labor from various sources and digested and arranged the matter taken by them from various authors. The defendants instead of taking the pains of searching into all the common sources and obtaining his subject-matter from them, obtained the subject-matter from the plaintiff’s book and availed himself of the labor of the plaintiffs and adopted their arrangement and subject-matter and thus, such a use of plaintiff’s book could not be regarded as legitimatate and it is a copyright infringement  by the defendant.

In an another case of Shyam Lal Paharia v. Gaya Prasad Gupta, the court held that a person is at liberty to draw upon ‘ common sources of information’. But if he saves himself from the trouble and labor requisite for collecting that information by adopting anothert’s work, with colourable variations, he is guilty of infringement of copyright even though the original work is based on the material which are common property.

In Ladbroke (Football) Ltd. v. William Hill (Football) Ltd., it was held that broadly reproduction means copying and does not include cases where an author or compiler produces a substantially similar result by independent work without copying. A copy is that which comes so near to the original so as to suggest the original to the mind of persons seeing it.

     Strategies for Detecting and Preventing Copyright Infringement in Theater

Detecting and preventing copyright infringement in the theater industry is crucial to protect the intellectual property of playwrights, composers, and other creative professionals. This task involves a combination of proactive measures, vigilant monitoring, and legal actions. Here are some effective strategies to address copyright infringement in theater:

1. Education and Awareness: One of the fundamental strategies is to educate everyone involved in the theater industry about copyright laws and the consequences of infringement. This includes directors, producers, actors, and technical staff. By creating awareness, individuals are more likely to recognize and avoid potential copyright violations.
2. Robust Contracts and Agreements: Establishing clear and comprehensive contracts is essential to prevent copyright infringement disputes. Playwrights and other creators should work with legal professionals to draft contracts that explicitly outline the terms of use, performance rights, and any limitations on modifications or adaptations.
3. Regular Audits and Monitoring: Implement a system for regular audits and monitoring of theatrical productions. This involves actively searching for instances of potential copyright infringement. Productions should be monitored not only in major theaters but also in smaller venues and community theaters where infringement may be more challenging to detect.
4. Collaboration with Copyright Enforcement Agencies: Collaborate with copyright enforcement agencies to enhance the ability to detect infringement. These organizations specialize in monitoring and taking legal action against copyright violations. Engaging with them can provide additional resources and expertise in identifying unauthorized use of copyrighted material.
5. Technology Solutions: Leverage technology to detect potential copyright infringement. Automated tools and software can scan scripts, recordings, and promotional materials for similarities with copyrighted works. These tools can help identify instances of unauthorized use more efficiently than manual methods.
6. Watermarking and Digital Rights Management (DRM): Implementing watermarks on scripts, promotional materials, and digital media can help deter infringement by clearly indicating ownership. Additionally, the use of DRM on digital copies of scripts and other materials can restrict unauthorized access and distribution.
7. Encourage Reporting of Suspected Infringement: Create a mechanism for individuals to report suspected copyright infringement. This could be a confidential hotline or an online platform where people can submit information anonymously. Encouraging a culture of vigilance within the industry can lead to early detection of potential violations.
8. Swift Legal Action: If copyright infringement is detected, take swift legal action to address the issue. This may involve sending cease and desist letters, filing for injunctive relief, and pursuing damages in court. Timely legal intervention can prevent further unauthorized use and send a strong message to potential infringers.
9. Licensing and Permissions: Clearly define the licensing and permission process for using copyrighted material in theatrical productions. Playwrights and creators should make it easy for legitimate productions to obtain the necessary rights while maintaining control over how their work is presented.
10. Public Awareness Campaigns: Raise public awareness about the importance of respecting copyright in the theater. This can be achieved through campaigns that emphasize the value of creativity, the impact of infringement on artists, and the legal consequences of unauthorized use.
11. Thorough Script Analysis: Conduct a comprehensive analysis of the script to identify any potential copyright issues. Ensure that the script, dialogue, and characters are original or properly licensed. Any unauthorized use of existing material can lead to legal complications, making it crucial to review and clear all elements of the script.

In conclusion, a multifaceted approach is crucial for detecting and preventing copyright infringement in the theater industry. By combining legal, technological, and educational strategies, stakeholders can create a more robust system that protects the rights of creators and fosters a culture of respect for intellectual property within the theatrical community.

Other than that, the question of infringement may be resolved by comparing the two works as a whole, and determining whether there is not merely an identity or a similarity or resemblance in some of the leading features or in certain of the details, but whether, keeping in view the idea and general effect created by the original, there is a such degree of identity or similarity as would lead one to say that the alleged infringement is a copy or reproduction of the original. 

Additions, omissions and modifications do not avoid the infringement of the copyright. Reproduction for the purpose of the copyright includes colourable imitation as discussed above.

It is not an essential ingredient of infringement that the infringer had an intention to infringe. But some of copying is required, direct or indirect or even subconscious. Subconscious copying generally occurs in music and perhaps poetry.

In case of Reoti Saran Sharma v. Numero Uno International, the plaintiff agreed to write the dialogues for the defendant for his TV serial “The Great Maratha”. A consolidated fees of Rs. 20,000/ per episode was fixed. The defendant failed to pay the payment agreed  to the plaintiff for some of the episodes written by the plaintiff. The plaintiff filed a suit contending that the rest of the episodes for which the payment has not been made, has not vested in the defendant and thus the telecast of the serial was an infringement of his copyright.  The Delhi High Court held that the defendant was under the agreement to pay the fee for dialogues written by the plaintiff which he failed to pay. But plaintiff agreed  to vest his copyright in the defendant by agreement and therefore it is not a case of copyright infringement but of violation of contract. Hence, the plaintiff could file a case for enforcement of the terms of contract under general rule of law of contract and not under the Copyright Act, 1957.

In case of Oliver Wendell Holmes v. George D. Hurst, Justice Brown observed, “it is the intellectual production of the author which the copyright protects, and not the particular form which such production ultimately takes.”

    Conclusion 

In conclusion, implementing effective strategies for detecting and preventing copyright infringement in the theater industry is imperative for safeguarding the intellectual property of creators and fostering a thriving and ethical artistic environment. By embracing a multifaceted approach that combines technology, legal frameworks, and industry collaboration, theater organizations can significantly reduce the risk of copyright violations. Emphasizing the importance of education and awareness among all stakeholders, from playwrights and directors to actors and production teams, is crucial in building a culture that values and respects intellectual property rights. Leveraging digital tools such as content recognition software can enhance detection capabilities, allowing for swift identification of unauthorized reproductions. Moreover, establishing clear licensing agreements and monitoring compliance with copyright regulations can serve as a robust legal deterrent, deterring potential infringers. Collaborative efforts between theater organizations, copyright holders, and relevant authorities can strengthen the industry’s ability to identify and address infringement promptly. Ultimately, a proactive stance on copyright protection not only preserves the economic interests of creators but also nurtures a creative ecosystem that encourages innovation and originality. As the theater industry continues to evolve in the digital age, staying ahead of emerging challenges and consistently refining detection and prevention strategies will be crucial to sustaining the integrity of artistic expression and fostering a climate where creativity flourishes within ethical boundaries.  

References

AIR 1938 All 266

AIR 1971 All 192

1995 PTR 132 (Del).

174 US  82: 43 L Ed 904 (1898)

-“Intellectual Property”, W.R. Cornish, 81-7534-210-9, 3rd Edition, First Indian Reprint 2001

– Law relating to Intellectual Property Rights, Dr. M.K. Bhandari, 978-93-86456-14-4, 5th    Edition (2019)

– “Managing Intellectual Property: The Strategic Imperative”, Vinod V. Sople, 81-203-3061-7,   First Edition 2006