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

Theme :  Enforcement of copyright in Indian cinema 

Topic : Copyright basics for Indian filmmakers 

Abstract : Copyright has been made for the protection of artwork and creation, which have been created by the Indian filmmakers and cinema industry. Copyright always played a significant role by protecting the work from any type of copying or republishing. In India , copyright is governed by copyright act, 1957. Many basics are there in the copyright enforcement , such as the need of registration , time of duration , copyright infringement and also How copyright protection is given internationally.    

Introduction : 

India being an diverse country , with different culture art forms , music and entertainment and films being highly creative manifestation of their thoughts and ideas. They spend hours making the film to fit time constraint while also delivering entertainment and knowledge to the viewers and highlighting the talents of the artists. India has one of the oldest and largest film industries in the world , every year , they release over 1000 films all over the globe. And to protect creative work and creation, the copyright contract play their roles. Certainly, copyright basics for Indian film makers involve protecting the original creative content in your films. In India , copyright is governed by the copyright act , 1957. It is essential for Indian filmmakers to understand these basics and seek legal advice , when necessary to protect their work effectively. Copyright is a crucial aspect of the Indian film industry, protecting the intellectual property of creators and ensuring that they are duly rewarded for their work. Indian filmmakers, like their counterparts around the world, rely on copyright laws to safeguard their creative works. This article will provide an in-depth understanding of copyright basics for Indian filmmakers, covering various aspects such as copyright registration, duration, infringement, and fair use.

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.

In the context of copyright in cinema, several types of creative works are protected. These include:

1. Cinematographic Works: This is the most important component , encompassing the audiovisual content of a film, including the images, audio, dialogues, and music. Essentially, it covers the entire film as a work of art.
2. Literary Works: Copyright protects the script, screenplay, dialogues, and any written material associated with the film.
3. Musical Works: Musical compositions used in a film, including songs and background scores, are subject to copyright protection.
4. Artistic Works: This category includes the visual elements of the film, such as set designs, posters, and promotional materials.
5. Sound Recordings: The audio component of a film, including the recorded dialogues, background music, and sound effects, is protected under copyright.
6. Performers’ Rights: In some cases, actors and performers may have rights over their performances, which are separate from the copyright of the work.

These different types of works often involve multiple creators, and copyright ensures that each contributor’s rights are recognized and protected within the cinematic work. It’s important for filmmakers to understand these various categories to properly manage copyright issues in their films.

Copyright registration in India : 

In India, copyright registration is governed by the Copyright Act, 1957. To register a copyright for your original work, you can follow these steps:

At first , we need to prepare  application and complete the application form for copyright registration, which can be downloaded from the official website of the Copyright Office in India. Then , Submit  application and  Send the completed application form along with the requisite fee and a copy of the work to the Copyright Office. The application can be submitted online or in person, depending on your preference. The Copyright Office will perform the review of your application and may request additional information if necessary.

 After that Copyright certificate will be provided , If your application is approved, you will receive a copyright registration certificate. This certificate serves as proof of your copyright and is important in case of any legal disputes.

It’s important to note that copyright registration is not mandatory in India, as copyright protection is automatically granted to the creator upon the creation of the work. However, registration provides stronger legal evidence of ownership and can be helpful in legal proceedings.

For the most up-to-date and detailed information on copyright registration in India, it is recommended  visiting the official website of the Copyright Office or consulting with a legal professional.

Registering a copyright in India have several advantages:

It works as a Legal Evidence, Copyright registration provides legal evidence of ownership and the date of creation of the work, which can be crucial in case of disputes or infringement claims.

The registering of copyright is publically recorded which  makes  it easy for others to identify the owner and obtain permission for use. Exclusive Rights are given to  Copyright owners they have exclusive rights to reproduce, distribute, perform, and display their work. Registration helps assert and protect these rights.

They can also  Sue  If someone infringes on your copyrighted work, registration is a prerequisite to filing a lawsuit for damages and injunctive relief in Indian courts.

Statutory Damages are provided ,Registered copyright owners can claim statutory damages and attorney’s fees in a legal dispute, which can be a significant advantage.

International Protection is also given to the owners , Copyright registration in India can be used as a basis for seeking protection in other countries, especially if India has copyright treaties with those countries.

Licensing and Commercialization: Registered copyrights are more valuable when licensing or selling your work, as it demonstrates a clear and legally recognized ownership.  Registered copyrights can be easily transferred or assigned to others, making it easier to manage your intellectual property rights. It provides a form of preservation , The copyright registration certificate serves as a permanent record and proof of your creative work, ensuring its protection for the long term.

While copyright protection automatically exists upon creation of a work, registration in India offers additional legal benefits and safeguards for copyright owners. It’s important to consult with a legal professional for specific advice on your copyright registration needs and benefits.

Copyright infringement in film industries :

Copyright infringement occurs when someone uses a copyrighted work without the permission of the copyright owner. This unauthorized use of copyrighted material violates the rights granted to the creator under copyright law. Infringement can occur in various forms, such as:

1. Republishing  or copying the work of someone else.
2. Distributing copies to the public.
3. Displaying the work publicly.
4. Performing the work in public.
5. Creating derivative works without permission.

Copyright owners have the legal right to take action against copyright infringement, which may include sending cease and desist letters, filing lawsuits for damages, seeking injunctions to stop the infringement, and pursuing other legal remedies. Penalties for copyright infringement can include fines and potential imprisonment.

It’s important for both creators and users of copyrighted materials to understand and respect copyright laws to avoid infringing on the rights of creators and to protect their own intellectual property. If you suspect copyright infringement or are accused of it, consulting with legal professionals is advisable to navigate the complex legal aspects of copyright disputes.

Duration 

In India, the copyright duration for filmmakers and creators of cinematographic works, which include films, is as follows:

The copyright in a cinematographic work lasts for 70 years from the end of the calendar year in which the last principal director, author, or producer of the film passes away. If a cinematographic work is made for hire, anonymous, or pseudonymous, the copyright duration is 70 years from the end of the calendar year in which the work was first published.

It’s important to note that these copyright durations are subject to the Copyright Act of 1957, which may be subject to future amendments or changes. Filmmakers and creators should ensure they are aware of the current copyright laws and consult with legal professionals when dealing with copyright matters to protect their works and intellectual property.

In Indian cinema, as in many countries, copyright law includes provisions for “fair use” or “fair dealing” and certain exceptions that allow for the use of copyrighted material without the permission of the copyright owner under specific circumstances. These exceptions are defined in the Copyright Act of 1957 and its subsequent amendments. Here are some key provisions related to fair use and copyright exceptions in Indian cinema:

1. Fair Dealing for Criticism or Review: Section 52(1)(a) of the Copyright Act allows for the fair dealing with a copyrighted work for the purpose of criticism or review, provided that the use is accompanied by an acknowledgment of the source.
2. Incidental Inclusion: Section 52(1)(h) allows for the incidental inclusion of a copyrighted work in an artistic work, cinematographic film, sound recording, or broadcast. This provision permits the use of copyrighted material that is included unintentionally or in the background.
3. Educational and Research Purposes: The Copyright Act allows for the reproduction or adaptation of copyrighted material for educational and research purposes, as long as it is not for profit and the source is acknowledged.
4. Parody and Satire: While not explicitly mentioned in the Copyright Act, creating parodies or satires of copyrighted material may be considered fair use under certain circumstances, particularly if they serve as a form of criticism, commentary, or humor.

It’s important to note that the application of these exceptions can be complex and subject to interpretation. What qualifies as fair use or falls under these exceptions may depend on the specific details of each case. Creators in Indian cinema should be aware of these provisions, but it’s advisable to consult with legal experts when dealing with potential copyright issues to ensure compliance with the law and protect their rights.

International copyright protection : 

International copyright protection for Indian cinema is primarily governed by international copyright treaties and agreements to which India is a signatory. Here are some key aspects of international copyright protection for Indian cinema:

1. Berne Convention: India is a member of the Berne Convention for the Protection of Literary and Artistic Works. This treaty provides automatic copyright protection to Indian films and works in the countries that are also parties to the convention. It ensures that Indian filmmakers have copyright protection in other member countries without the need for separate registration.
2. TRIPS Agreement: India is also a member of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). TRIPS sets minimum standards for copyright protection and enforcement, including provisions related to the protection of cinematographic works and related rights.
3. Bilateral Agreements: Some countries have bilateral agreements with India that extend copyright protection and facilitate cooperation in the protection of intellectual property, including films. These agreements can offer additional safeguards for Indian cinema in specific countries.
4. WIPO Copyright Treaty: India is a signatory to the WIPO Copyright Treaty, which deals with the protection of the rights of authors in their works, including cinematographic works, in the digital environment.
5. International Copyright Registration: While copyright protection is automatic in Berne Convention countries, creators in Indian cinema may still consider registering their works with the Indian copyright office and exploring international copyright registration services provided by organizations like the World Intellectual Property Organization (WIPO) to strengthen their protection worldwide.

Indian filmmakers can rely on these international agreements to protect their works in other member countries. However, it’s essential to be aware of the specific copyright laws and regulations of the countries where their films are distributed or screened, as copyright law can vary from one nation to another. Consulting with legal professionals who specialize in international copyright can be beneficial for filmmakers looking to protect their works globally.

Conclusion: 

Copyright is like the lifeblood of the Indian film industry, safeguarding the creative efforts of filmmakers and ensuring their work is not exploited without permission. Understanding the basics of copyright, including registration, duration, infringement, and fair use, is essential for filmmakers to protect their intellectual property and benefit from their creations. By adhering to copyright laws and taking the necessary steps to protect their works, Indian filmmakers can continue to contribute to the vibrant and diverse world of cinema.

References: 

 Sies referred were : 1. Article was originally written  by Ishani samajpati published on the blog.ipleaders.in website.

2. Article was originally written by Mahedra kumar shunkar published on the legalserviceindia.com website. 

Links mentioned below : 

https://blog.ipleaders.in/copyright/

 https://www.legalserviceindia.com/article/l195-Copyright-Law-in-India.html