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

 

ABSTRACT:

This article explores the dynamic interplay of copyright and theater licensing in India, analyzing the provisions of the Copyright Act of 1957. It defines theater within the copyright framework, discussing relevant sections governing theatrical works. The article provides a detailed overview of licensing types, including voluntary, compulsory, and statutory licenses, as outlined in Sections 30-31D. Notable case laws, such as Zee Entertainment Enterprises Ltd. v. Balaji Motion Pictures Ltd. and Adlabs Films Ltd. v. Reliance Big Pictures, are examined. Emphasizing the importance of theater licensing, the article concludes by highlighting its role in protecting rights, promoting traditions, and contributing to India’s rich theatrical heritage.

 

Introduction: 

The intersection of copyright and theater licensing in India is a dynamic landscape that shapes the creative and commercial aspects of the theatrical arts. The Copyright Act of 1957 provides the legal framework, defining the rights of authors, performers, and producers. This article delves into the multifaceted interplay between copyright protection and the licensing mechanisms governing theatrical works in India.

 

Understanding the Meaning of Theater:

Theater is a form of performing arts that includes artistic and musical performances. It has been a part of Indian culture for centuries and can take many different forms, such as plays, operas, ballets, musicals, and stand-up comedy. Theater often involves actors, singers, dancers, and musicians, who come together to create a unique and memorable performance

 

The Copyright Act Sections Governing Theater:

The Copyright Act of 1957 contains several sections that are relevant to theater. Section 2(d) defines a “dramatic work” as “a piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a cinematograph film”. Section 14 defines the rights of authors, performers, and producers in theatrical works. 

 

LICENSING OF COPYRIGHT [SECTION 30-31]:

COPYRIGHT LICENSE:

Copyright licensing is a legal agreement that grants permission to others to use, reproduce, distribute, or otherwise exploit a copyrighted work, subject to certain terms and conditions. It essentially allows copyright holders to share their rights with others while maintaining control over how their work is used. A license and an assignment deed often share similarities, but it’s crucial to highlight and document the specific details they each contain. They are mentioned below:

• Period of the license;
• The rights that have been licensed;
• Geographical scope or range covered by the license;
• The stipulated royalty amount as part of the agreement;
• Clauses and terms related to the termination, modification, and extension of the agreement.

 

VOLUNTARY LICENSES GRANTED BY COPYRIGHT OWNERS [SECTION 30]:

Under Section 30 of the Copyright Act, copyright owners hold the authority to voluntarily license their works. This applies to both existing and potential future works, with the understanding that if the license pertains to a future work, it only takes effect upon the creation of that work.  

There are five primary types of voluntary licenses outlined in this section:

• Exclusive License: Granting rights exclusively to the licensee and authorized individuals within a specific group.
• Non-Exclusive License: Allowing permission without excluding others, enabling actions that might otherwise be considered infringement.
• Co-Exclusive License: Recognizing exclusivity among a limited number of licensees.
• Implied License: Implicitly allowing or authorizing the use of a work, often when the copyright owner is aware of usage but doesn’t take action.
• Solo License: Granting exclusive usage rights to both the licensor and licensee, excluding any third parties.

 

COMPULSORY LICENSES UNDER SECTIONS 31 TO 31B:

Compulsory licenses, governed by Sections 31 to 31B, come into play when copyright owners withhold their works from public dissemination, performance, or communication. These provisions aim to strike a balance between the rights of the copyright owner and the public interest. 

 The three essential types of compulsory licenses are outlined as follows:

• Compulsory License in the Work Withheld from the Public [Section 31]: This provision addresses situations where the copyright owner unjustly refuses to allow republication, re-communication, performance, or communication to the public during the copyright term.

 

• Compulsory License in Published or Unpublished Work [Section 31A]: Section 31A deals with compulsory licenses for works created by Indian citizens who either pass away or become untraceable before publication.

 

• Compulsory License to Benefit Disabled [Section 31B]: Introduced by the Copyright (Amendment) Act of 2012, Section 31B expedites the granting of compulsory licenses for the benefit of disabled individuals. This provision allows any entity, including profit-oriented organizations or those serving individuals with disabilities, to apply for a compulsory license to publish a copyrighted work for the benefit of disabled individuals.

STATUTORY LICENSES UNDER SECTIONS 31C TO 31D:

 

Sections 31C to 31D of the Copyright Act introduce statutory licenses, offering a standardized framework for specific scenarios.

 

• Statutory License for Cover Versions [Section 31C]: This provision applies to the creation of “cover versions” in the form of sound recordings for literary, dramatic, or musical works. To qualify, sound recordings of the work must have been previously made with the permission of the copyright owner. Conditions for this license include matching the medium of the new sound recording with the most recent recording, providing advance notice, making advance royalty payments, clear packaging disclosure, and restrictions on alterations to the work.

 

• Statutory License for Broadcasting Literary and Musical Works and Sound Recordings [Section 31D]: This section allows the public broadcast or performance of published literary, musical works, or sound recordings by any broadcast organization. However, this is subject to specific conditions, including prior notice, royalty payments to copyright owners, determination of separate rates for radio and television broadcasting by the Commercial Court, and maintenance of records and financial accounts.

 

These statutory licenses play a crucial role in providing a standardized framework for specific use cases, ensuring fair compensation to copyright owners while facilitating the broader dissemination of creative works.

IMPLICATIONS AND SIGNIFICANCE OF COPYRIGHT LICENSING:

 

The Copyright Act’s provisions on licensing serve multiple purposes, ensuring a delicate balance between protecting the rights of creators and facilitating the use of creative works for the greater public good.

• Protection of Copyright Holders: Copyright licensing mechanisms, whether voluntary or compulsory, are designed to protect the rights of copyright holders. By allowing creators to grant licenses under specific terms, the law ensures that they retain control over their intellectual property.

 

• Facilitating Creative Use: Licensing provisions, especially statutory licenses, play a crucial role in facilitating the use of copyrighted works for specific purposes such as cover versions or broadcasting. This encourages creativity, innovation, and the production of derivative works.

 

• Promoting Access to Culture: Compulsory licenses, particularly those aimed at benefiting disabled individuals, emphasize the broader social goal of promoting access to culture. By expediting, the process of granting licenses for such purposes, the law recognizes the importance of making creative works accessible to diverse audiences.

 

 The provisions related to copyright licensing under the Copyright Act of 1957 are intricate and multifaceted, addressing various scenarios and striking a balance between the interests of copyright owners, licensees, and the public. The delineation of voluntary and compulsory licenses, along with statutory licenses for specific use cases, provides a comprehensive legal framework. This framework not only safeguards the rights of creators but also facilitates the broader dissemination and creative use of copyrighted works, contributing to the dynamic and evolving landscape of intellectual property law in India.

 

Importance of Theater Licensing in India:

Theater licensing is important in India, not only to protect the rights of authors, performers, and producers but also to ensure that theatrical works are treated with respect. By granting licenses to those who wish to perform a particular theatrical work, copyright holders can ensure that their work is not used without their permission and that they are compensated for the use of their work.

 Theater licensing is also important in India as it helps to promote the Indian theatrical tradition. By granting licenses to those who wish to perform a particular theatrical work, copyright holders can ensure that their work is seen by as wide an audience as possible, thus helping to promote the Indian theatrical tradition.

 In conclusion, theater licensing is an important part of copyright law in India. It helps to protect the rights of authors, performers, and producers, and to promote the Indian theatrical tradition. Those involved in the theatrical industry need to be aware of the different types of licenses available and the different Copyright Act sections that apply to theater. By understanding these aspects, they can ensure that their rights are protected and that their work is respected.

Theater licensing in India is governed by the Copyright Act of 1957, which outlines the various rights granted to copyright owners. These rights include the exclusive right to perform a copyrighted work in public, as well as the right to authorize others to do so. The act also distinguishes between different types of licensing, depending on the intended use of the copyrighted work.

 

Judgments on Copyright and Theater in India:

In India, there have been several judgments about copyright and theater. In the case of Zee Entertainment Enterprises Ltd. v. Balaji Motion Pictures Ltd. (2014), the Supreme Court held that when a producer licenses a film to a broadcaster for television broadcast, the producer doesn’t need to obtain a separate license for the theatrical exhibition of the film. This judgment was seen as a victory for producers, who are now able to freely license their films for television broadcast without having to obtain a separate license for theatrical exhibition. 

In the case of Adlabs Films Ltd. v. Reliance Big Pictures (2014), the Bombay High Court held that the copyright in a film is not affected by the broadcasting of the film on television. This judgment was seen as a victory for broadcasters, who are now able to broadcast films without fear of infringing on the copyright of the film.

 

Conclusion:

 In conclusion, the interplay of copyright and theater licensing in India is a dynamic and evolving landscape. It involves legal intricacies, cultural considerations, and economic implications. Stakeholders in the theater industry must navigate these complexities, understanding the significance of licensing mechanisms, the protection offered by copyright law, and the broader impact on India’s vibrant theatrical heritage.

 

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 Uzma Naureen pursuing a Diploma in Advanced Contract Drafting, Negotiation, and Dispute Resolution from LawSikho. Link https://blog.ipleaders.in/all-about-copyright-contracts-for-filmmakers-in-india/