THIS ARTICLE HAS BEEN WRITTEN BY MS. AISHWARYA NEVSE A 3rd-YEAR LLB STUDENT OF ABHINAV LAW COLLEGE, PUNE.

 

ABSTRACT

This article explores the critical role of copyright in safeguarding the creative works of playwrights, directors, and performers in the Indian theatre industry. The Indian Copyright Act of 1957, outlines key provisions and regulations to protect these works. Section 32 outlines the significance of licensing in granting permission for the use of copyrighted material. Section 51 defines copyright infringement and enumerates various actions that constitute copyright infringement, while Section 52 outlines the exceptions to copyright infringement. Section 63 and Section 63A outline the consequences for copyright infringement, which can include imprisonment and a fine. These regulations emphasize the importance of respecting copyright and obtaining proper licensing and permissions for the use of creative works in the theatre industry. This article serves as an important reminder of the need to protect intellectual property rights and preserve the vibrant and culturally rich world of Indian theatre.

 

Introduction:

The world of theatres in India is a vibrant and dynamic one, showcasing a rich cultural tapestry. Writers, directors, and performers invest immense creativity, time, and effort into producing captivating scripts and plays. In such a creative landscape, the role of copyright in protecting theatre scripts and plays is vital. This article delves into the significance of copyright in India, its implications for theatres, and how it safeguards the intellectual property of creators.

Understanding Copyright in India:

Copyright is a form of intellectual property protection granted by law to creators and authors of original works. It grants creators exclusive rights to reproduce, distribute, perform, and adapt their work for a certain period. In India, copyright is governed by the Copyright Act of 1957, providing legal protection to various forms of creative work, including literary and dramatic works.

Theater scripts and plays fall under the purview of literary and dramatic works, as defined in the Copyright Act. This classification recognizes the unique blend of storytelling and performance that defines theatre. Creators of theatre scripts and plays automatically enjoy copyright protection from the moment of creation.

 How to Register a Copyright in India?

In India, the registration of a copyright is voluntary, but it is highly recommended as it gives the author the legal right to sue if anyone infringes on their work. To register a copyright, the author must apply to the Copyright Office of India, along with a copy of the work, a fee, and a statement of the purpose of protection. Once the application is approved, the author will receive a certificate of registration.

 

Protection Against Unauthorized Use:

Copyright protection ensures that the creators of theatre scripts and plays have the exclusive right to:

• Reproduction: No one can reproduce the script or play without the creator’s permission.
• Distribution: The right to publish and distribute the script or play belongs to the creator.
• Performance: Unauthorized public performances, adaptations, or translations are prohibited without consent.
• Adaptation: No one can create derivative works or adaptations without the creator’s approval.

These rights empower creators to control the fate of their work and receive compensation for its use.

Duration of Copyright Protection:

In India, the duration of copyright protection for literary and dramatic works is the author’s lifetime plus 60 years. This lengthy period safeguards the economic and moral rights of creators, allowing them and their heirs to benefit from their work.

License of Copyright:

Section 32 of the Indian Copyright Act of 1957, deals with the licensing of copyright. It defines the terms and conditions under which the copyright owner can grant permission or license others to use their copyrighted works, including theatre scripts and plays.

• Exclusive License: The copyright owner has the authority to grant an exclusive license, which means that the licensee is the only party allowed to use the copyrighted work for a specific purpose. An exclusive license is often granted for a defined period and may include specific territorial restrictions.
• Non-Exclusive License: Copyright owners can also grant non-exclusive licenses. Unlike exclusive licenses, non-exclusive licenses allow multiple parties to use the copyrighted work simultaneously, subject to the terms and conditions set by the copyright owner.
• Mandatory Registration: An important provision in Section 32 is the requirement for exclusive licenses to be mandatorily registered. Registration provides evidence of the exclusive licensee’s rights and serves as a legal record.
• Transfer of Rights: The section clarifies that a licensee of copyright, whether exclusive or non-exclusive, does not acquire any ownership rights in the copyrighted work. The copyright owner retains ownership and control over the work.

 

Benefits for Theatre Creators:

Copyright protection has several benefits for theatre creators in India:

• Financial Reward: Creators can derive income from their work through licensing, royalties, and sales.
• Artistic Control: Creators maintain control over their work, ensuring its integrity and intended message.
• Recognition: Copyright protection encourages creators to produce original and high-quality scripts and plays.
• Incentive for Future Creations: Knowing their work is protected, creators are motivated to continue producing new works.

 

Copyright Infringement in Theatre:

Section 51 specifies what actions can be considered copyright infringement, which includes unauthorized reproduction, public performance, and communication to the public. In the context of theatre, copyright infringement can take several forms. Creators need to be aware of these potential infringements and understand their rights to protect their work.

1. Unauthorized Performances: One of the most common forms of copyright infringement in theatre is the unauthorized performance of a protected play or script. This occurs when a theatre company, group, or individual stages a play without obtaining the necessary permissions or licenses from the copyright owner. Theatrical performances can be particularly challenging to monitor, given the number of amateur and professional productions taking place across the country. However, copyright owners, whether they are playwrights, production companies, or authors, can take legal action against those who stage their works without permission.

 

1. Plagiarism and Derivative Works: Plagiarism in the context of theatre involves the unauthorized copying or adaptation of a play or script. Playwrights need to protect their scripts from unscrupulous individuals or groups who may try to pass off their work as their own. Derivative works, which involve creating new works based on existing plays or scripts, also fall under the umbrella of copyright infringement. While adaptations and inspired works can be legally created with proper permissions, unauthorized adaptations or transformative works can infringe on the copyright owner’s rights.

 

1. Unauthorized Filming and Distribution: In the age of smartphones and digital media, unauthorized filming and distribution of theatrical performances have become a concern. Audiences may record live performances and share them on various platforms without the copyright owner’s consent. This can impact the commercial value of the performance and infringe on the rights of the creators. 

 

1. Unauthorized Publication and Distribution: Another form of copyright infringement is the unauthorized publication and distribution of scripts or plays. This can occur when someone reproduces and distributes a script or play without obtaining the necessary permissions from the copyright owner.

Section 52 outlines specific acts that, under certain circumstances, do not constitute copyright infringement. These exceptions balance the rights of creators with the need for access to and use of copyrighted works for specific purposes, such as education, research, and cultural activities.

 In India, the Copyright Act provides the legal framework to address these forms of infringement, allowing copyright owners to take legal action against infringers. 

 

Penalties for Copyright Infringement:

In India, copyright infringement, including script and play duplication, carries penalties under Sections 63 and 63A of the Copyright Act of 1957. Section 63 prescribes imprisonment from six months to three years and a fine, while Section 63A mandates more severe penalties for subsequent offenses. These penalties aim to deter unauthorized duplication and protect the rights of copyright owners, with the possibility of seized and destroyed infringing copies as per Section 64.

 

The Importance of Licensing and Agreements:

To protect their rights and prevent infringement, theatre creators often use licensing and agreements. The importance of licensing and agreements in the theatre industry cannot be overstated. These legal documents are vital for theatre creators, such as playwrights and authors, as they define the terms and conditions under which their work can be used by others. Key elements of these agreements include performance licenses, adaptation rights, publication and distribution rights, royalty agreements, exclusive and non-exclusive rights, and territorial rights.

These agreements serve as legal safeguards, ensuring that creators maintain control over their work and receive compensation for its use. They also provide clarity on the terms of use, helping to avoid disputes and misunderstandings.

 

The Role of Copyright Societies in India:

In India, copyright societies play a significant role in managing and administering the rights of creators, including those in the theatre industry. These societies, such as the Indian Performing Rights Society (IPRS) and the Copyright Society of India (CSI), represent authors, composers, and other creators in negotiations, licensing, and royalty collection.

The IPRS, for instance, administers the performing rights of authors and composers, including those in the field of theatre. They work to ensure that creators receive fair compensation for the public performance of their works. Theatre companies and organizations often obtain licenses from copyright societies to legally perform copyrighted works, allowing creators to benefit from the royalties collected.

 

International Copyright Considerations:

In an era of globalization, theatre scripts and plays often cross international borders. This raises questions about international copyright protection and how creators can safeguard their works beyond India’s borders.

India is a signatory to several international copyright treaties and agreements, including the Berne Convention for the Protection of Literary and Artistic Works and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). These international agreements ensure that Indian theatre creators have copyright protection in other member countries, and vice versa.

For theatre creators who wish to protect their works on a global scale, understanding these international agreements and the legal requirements for copyright protection in various countries is essential. It’s also advisable to seek legal advice to navigate the complexities of international copyright.

Challenges and Enforcement:

Enforcing copyright protection in the theatre industry comes with its set of challenges. While copyright law offers a robust framework for safeguarding intellectual property, enforcement can be intricate and time-consuming. Creators must actively monitor and, if necessary, take legal action against copyright infringements, which can be costly.

In the theatre context, copyright infringement can manifest in several ways. Unauthorized performances of protected plays or scripts are common, where theatre groups or individuals stage works without the required permissions or licenses. Plagiarism and derivative works also pose threats, as some may attempt to copy, adapt, or transform plays without authorization. Unauthorized filming and distribution, facilitated by smartphones and digital media, can impact the commercial value of performances. Additionally, unauthorized publication and distribution of scripts or plays without proper permissions can undermine the rights of creators.

In India, the Copyright Act provides a legal framework to address these forms of infringement, enabling copyright owners to take legal action against those who violate their rights.

Conclusion:

Copyright protection provides authors and creators of literary works, including theatre scripts and plays, with the right to control the use of their works and be duly credited and rewarded for their creative efforts. 

The Indian Copyright Act of 1957, provides legal protection to these works and also provides for penalties for copyright infringement. While copyright registration is not mandatory, authors and creators should register their works with the Copyright Office of India to ensure legal protection.

References:

1. BOOK NAME: Law Relating to Intellectual Property Rights, AUTHOR NAME: Dr. M. K. Bhandari, ISBN: 978-81-948080-7-7, Sixth Edition.
2. BOOK NAME: Intellectual Property Laws, PUBLISHED BY Professional Book Publishers, ISBN: 978-93-81270-25-7
3. For website article references: This article was originally written by VEDANT SRIVASTAVA and published on the Legal Service India website. The link for the same is herein https://www.legalserviceindia.com/legal/article-7278-role-of-copyright-in-media-industry.html