This article has been written by Ms. Aditi Mishra, a 4th Year B.Com. LLB (Hons.) student from Institute of Law, Nirma University.
Introduction
The term “copyright” refers to the legal or exclusive right of the owner of an intellectual property. Simply said, copyright offers you the legal right to copy, which implies that only the original creators or owners of the works—and those to whom they grant permission—have the exclusive right or the legal right to recreate the work.
If the need arises, the original owner might voluntarily register the copyright to gain an advantage in the legal system. Not all types of work are eligible for copyright protection. Copyright does not apply to discoveries, conceptions, or assumptions. Brand names, domain names, slogans, logos, and titles are all not protected by copyright laws. A hard copy or tangible embodiment of an original work is required for copyright protection.
Copyright Protection For Cinematography
The term “Cinematograph films” refers to any visual work or video recording on any medium generated using a method that might result in the creation of an image in motion. As said, it is composed of both a sound recording and a visual recording and can be created using any technique. Video films and other works created using a technique resembling a cinematograph must be considered “cinematography” in legal terms. In a nutshell, a cinematograph film is defined as any realistic system work with moving pictures or visuals.
Copyright in cinematographic films is a protection one of its own kind where the producer has the exclusive right to protect his work and enjoy the right to do or authorize someone to do the following under section 17 of the Copyright Act, 1957:
- Making the copy of the film or of a photograph of any image which forms the part of the film and also storing the work in any medium by electronic or other means.
- Selling or giving on commercial rental or offer for sale.
- Communicating the film to the public.
By the virtue of this provision, the owner of a copyright can do any of the above-mentioned acts.
The definition of cinematographic film has been defined under section 2(f) of the act as:
“any work of visual recording and includes a sound recording accompanying such visual recording and “cinematograph” shall be construed as including any work produced by any process analogous to cinematography including video films.”
Section 26 of the Copyright Act, 1957 talks about terms of protection granted in case of Cinematographic Film. According to this section the protection granted for cinematographic film is sixty years from the beginning of the calendar year next following the year in which the film is published.
Section 52A of the Copyright act lists the particulars to be included in Cinematographic films.
Copyright Infringement And The Remedies
In India, the theft of cinematograph films is fairly widespread. Daily usage of services like Telegram, Torrent, Flix, and others to download or stream the newest films and television programs results in losses for both the platforms where the works were first distributed and the film’s producer. The growth of the Internet and enhanced global connectivity have raised Europeans’ awareness of India’s issue with cultural replica films.
There are two different sorts of remedies for copyright infringement in India: civil remedies and criminal remedies. When an owner’s copyright is violated, certain remedies are invoked.
Section 55 of the Copyright Act of 1957 specifies civil remedies such as injunctions, damages, and profit accounts. Section 63 of the Act, on the other hand, provides for criminal penalties. It prescribes the punishment as imprisonment at least for 6 months and up to 3 years with a minimum fine of Rs. 50000, which may be increased up to Rs.20000, including seizure of fringing goods and delivery of the infringed goods to the true owner of the copyright.
Copyright Protection For Sound Recording
An audio-visual composition called a sound recording depends on a variety of sounds but does not replicate them. Copyright for sound recordings, which is somewhat more constrained than copyright for other works, pertains to the freedom to perform a work in public using only “a digital sound recording.” Sound recordings can be shown to the public in a variety of ways without violating their copyright.
A musical work is engaged in a variety of uses of a sound recording when it is dependent on the musical work. If a license is required in such circumstances, it must be sought from the person who has the legal right to the job.
Section 52A of Copyright Act
1) Unless the following information is printed on the sound recording and any associated containers, no one may disseminate a sound recording in relation to any work.
A person’s name and address are listed in- (a) the record maker’s information.
(b) the title and address of the copyright holder for such a work; and
(c) the year it was initially published.
Checklist For Sound Recording And Composition
1. In India, a musical composition or sound recording must be “original.” For this, the original work must be given.
2. The first publication’s year and country, the publisher’s name, place of business, and nationality, as well as details on any subsequent publications.
3. The only right to assign, license, and prevent unauthorized use of sound recordings covered by copyright exists. Accordingly, the identities of any other people to whom the author wishes to provide authorization for others to transfer or license the copyrights, as well as their addresses and nationalities.
4. If the creator of the work is someone other than the applicant, the original No Objection Certificate from the original author(s), declaring that they have no objections to the copyright of the work being registered in the applicant’s name, must be enclosed (s)
5. If the sound recording is registered under a corporate name, the creator(s) of the work may be located.
6. Identify the genre, title, and language of the book.
Relevant Case Laws
- YRF v. Sri Sai Ganesh Productions
The Delhi High court dealt with the issue of infringement of copyright between YRF and Sri Sai Ganesh Productions, whereby it was alleged that the movie “Band Baja Barat” of YRF was a blatant copy of Shri Sai Ganesh production movie called ‘jabardasht’. The complainant alleged that the plot character storyline of the YRF movie had striking similarities with their movie and this was infringement. The Hon’ble Delhi High court was to see if the 2 movies had striking material and substantial similarities and deal with the following issue: Whether section 14 of the copyright act dealt with only physical copy meaning that whether the phrase “copy of the film is included in it. That copyright can subsist independently in a cinematographic works. The Hon’ble high court decided that there were material and substantial similarities between the 2 movies and infringement done. The movie copied the distinctive and essential features.
- Vinay Vats v. Fox Star Studios India Pvt. Ltd and Ors.
In another case before the Hon’ble Delhi High court the issue before them was that plaintiff claimed that the movie of defendant had striking resemblance to the story written by them. It was argued by the defendant that the plot was a common one used before in many other movies, further they claimed a certain amount was paid to acquire the rights of the movie. The Hon’ble court held that there exists an ulterior motive as the trailer of the movie was released a year ago and the suit was filed just a few days before the release of the movie. The court did not provide any relief.
- Saregama India v. Balaji Telefilms Ltd.
The matter was put before the Hon’ble Calcutta High Court and the issue was regarding the broadcasting or showing of cinematographic work of the film “The Dirty Picture” or any part of the song “Ooh La La” as it resembles and copies the song “Ui Amma Ui Amma” composed by Mr. Bappi Lahiri. The court held that the song does resembles the old song and will count as an infringement.
Conclusion And Suggestions
Indian law provides copyright protection for authors of original literary works, theatrical productions, musical compositions, creative works for moving pictures, and sound recordings.
Instead than defending ideas themselves, the copyright law defends how ideas are represented. All creative works, including written works, musical compositions, motion pictures on film, and sound recordings, are protected by copyright under Section 13 of the Copyright Act of 1957.
India has a strong and effective copyright protection framework that can defend the rights of the concerned party. Digital content developers now have more alternatives because to the advancement of networking and multimedia technology. The ease with which anybody may create a flawless replica of a piece of digital information, however, makes misuse, illegal distribution, plagiarism, and theft more common.
In actuality, “fair use” and “privacy” are regularly used by internet users to safeguard the ownership and distribution of sensitive information as well as to prevent copyright holders from exercising greater exclusive control over their works than is permitted by copyright law.
It is possible to make advantage of the present legal system in order to ensure that all components of copyright are properly recognized. This is necessary in order to address the difficulties that are continually changing as a result of altered circumstances and quickly advancing technologies.
One way to achieve this is to use the purposive interpretatio approach, which requires that the present law be construed in a way that guarantees justice is done given the facts and circumstances of the case.
Conversely, to fulfill the needs of the situation, rapid adjustments to the law are required. New laws that particularly recognize and address the issues and circumstances of the present may be added to existing ones for increased efficacy.
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