This article has been written by Ishu Yadav
Introduction
Dance is the most expressive of art forms as the performer participates with both, her mind and body with full swing and energy and yet manages to maintain the discipline that the dance form mandates. Cultures all over the world have seen the advent and growth of numerous dance forms with every dance having a typical form and routine associated with it. Some dance forms such as Bharatnaatyam or Kathak have a predefined set of rules and routines for the entire dance performance, while steps like the Bhangda step, the Bihu style or the famous pop-singer Psy’s “Gangnam style” are singular steps complete in themselves. Recently, the US Copyright Office refused to register the “Carlton dance” routine by ‘The Fresh Prince of Bel-Air’s star Alfonso Ribeiro. According to the copyright office it was a mere combination of three dance steps incapable of registration. In the case of Academy of General Edu., Manipal and Ors. vs. B. Malini Mallya, the Supreme Court held that a new form of a ballet dance which is reproduced in a literary format is considered as a dramatic work. Thus, if a person wants to register the copyright in a choreographic work, he/she will be required to reduce it in writing or any other form and apply for registration in that form only.
Commendable are the skills of a choreographer who is primarily the author of a unique sequential arrangement in a dance number. In India, dance moves being ‘choreographic works’ are protected under the Copyright Act, 1957 (“the Act”). Section 2(h) of the Act makes it very clear that choreographic work falls within the meaning of ‘dramatic work’ under copyright law.
It is however debatable whether a single dance move involving sufficient skill and judgment can be considered to be intellectual property capable of legal protection or whether the Act intends to only protect a sequence of steps in dance.
In the case of Anupama Mohan v. State of Kerala, a Writ Petition was filed by Anupama Mohan (petitioner) in the High Court of Kerala against the State of Kerala (respondent) for circulating petitioner’s dance performance publicly and petitioner claimed copyright over the dance performance. The High Court of Kerala decreed in favour of the petitioner.
Defining Copyright in the Dance-Drama Spectrum
Copyright, often considered the guardian of creative works, extends its protective influence to the diverse world of Indian dance-dramas. From classical narratives like Bharatanatyam and Kathakali to the contemporary expressions of Bollywood-inspired productions, copyright encompasses a broad spectrum of artistic endeavors.
Safeguarding Choreographic Brilliance
In classical dance forms, where every movement tells a story, copyright acts as a shield, preserving the brilliance of choreographers. It ensures that unique dance compositions, intricate gestures, and thematic sequences remain exclusive to the creator, fostering a culture of artistic innovation. Kathak’s intricate footwork and Bharatanatyam’s expressive storytelling find sanctuary in copyright, allowing creators to build upon traditions while maintaining individual artistic identities.
Nurturing Contemporary Dance Narratives
Beyond classical forms, contemporary dance-dramas explore new storytelling frontiers. Copyright becomes the guardian of these narratives, preserving the freshness of innovative choreography. In the fusion of traditional and modern elements, copyright stands as a silent but potent force, encouraging choreographers to push boundaries without fear of imitation or misappropriation.
Harmonizing Copyright with the Melody of Musicals
As musicals enchant audiences with symphonic harmonies, the intersection of creativity and legal protection becomes crucial. Copyright extends its reach to musical compositions, ensuring that the soul-stirring melodies born out of Indian musicals find secure footing in the legal landscape.
Sections of the India Copyright Act and International Treaties
The India Copyright Act, 1957, forms the legislative backbone for copyright protection in the country. Sections relevant to dance-drama and musicals include:
- Section 13: Specifies the works in which copyright subsists, covering dramatic works, musical works, and artistic works.
- Section 14: Outlines the exclusive rights of the copyright owner, including the right to reproduce, perform, and communicate the work to the public.
- Section 17: Addresses the issue of ownership of copyright in cases of employment, specifying that the employer is the first owner of the copyright in works created by an employee during the course of employment.
- Section 31A: Provides for compulsory licenses for works withheld from the public.
- Section 51: Enumerates acts that constitute infringement, including the unauthorized reproduction, performance, or communication of copyrighted works.
India is also a party to various international treaties, 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 treaties contribute to the harmonization of copyright laws on a global scale, ensuring that Indian dance-dramas and musicals receive protection beyond national borders.
Melodic Mastery: Copyright’s Impact on Musical Creations
In the rich tapestry of musical creation, copyright serves as the guardian of inventive brilliance inherent in melodic compositions. From the classical resonance of ragas to the contemporary beats of Bollywood hits, copyright acts as a stalwart, ensuring that the distinctive musical components remain shielded. This protection fosters an environment where composers can thrive securely, cultivating their craft within the confines of creative freedom.
Lyricism and Legalism: A Symbiotic Dance
The lyrical finesse woven into the fabric of Indian musicals encapsulates the essence of cultural narratives. Copyright assumes the role of a silent partner, intricately crafting a legal tapestry that safeguards not only the tunes but also the lyrical poetry. This ensures that each word retains its artistic integrity, contributing to the preservation of the cultural and artistic heritage embedded in the musical creations.
Navigating the Legal Terrain: Copyright Laws in India
- Understanding Copyright Duration and Fair Use
In India, the edifice of copyright protection is erected by the Copyright Act. This legislative framework endows creators with exclusive rights for a stipulated period. Grasping the intricacies of copyright duration becomes imperative for artists and producers, serving as a navigational guide through the legal landscape. The Copyright Act bestows exclusive rights upon creators for their lifetime and an additional 60 years, thereby safeguarding artistic legacies for generations to come.
- Fair Use: Balancing Artistic Freedom and Copyright Protection
While copyright serves as a bulwark for creative works, it simultaneously permits fair use. This delicate equilibrium strikes a balance between artistic freedom and legal protection, allowing artists to draw inspiration from existing works without infringing on copyright. This dynamic equilibrium fosters a continuous evolution of artistic expression, acknowledging the interplay between innovation and preservation.
Copyright Infringement in Dance-Drama and Musicals
- Unraveling the Threads: Identifying and Addressing Infringement
Despite the protective shield of copyright, instances of infringement can cast a shadow over the vibrant world of dance-drama and musicals. Identifying and addressing infringement becomes paramount in maintaining the integrity of creative works. This section delves into the nuanced landscape of copyright infringement within the realm of Indian performing arts.
- Legal Recourse: Protecting Artistic Integrity
When confronted with copyright infringement, artists and creators possess legal recourse to safeguard their artistic integrity. The legal landscape provides avenues for seeking damages, injunctions, and other remedies to rectify the unauthorized use of creative works. Understanding these legal channels empowers artists to assert their rights and preserve the sanctity of their artistic creations.
Evolving Trends in Copyright and Performing Arts
- Digital Age Challenges: Copyright in the Age of Online Performances
In an era dominated by digital platforms, the landscape of copyright in performing arts confronts novel challenges. The proliferation of online performances, streaming services, and social media platforms necessitates a reevaluation of copyright norms. This section explores the impact of the digital age on copyright protection in dance-drama and musicals, addressing the opportunities and challenges presented by the virtual stage. It scrutinizes the evolving dynamics of artistic dissemination in the digital realm, reflecting on the intersection of tradition and innovation in the context of copyright.
- Collaborative Creations: Copyright in Group Performances
In the realm of dance-dramas and musicals, collaborative efforts are commonplace, involving choreographers, musicians, lyricists, and performers. Navigating copyright in group performances demands a nuanced understanding of shared rights and responsibilities. The India Copyright Act addresses these complexities, acknowledging that creative works often emerge from collective endeavors. Sections such as Section 2(d) define “author” to include co-authors, recognizing the joint nature of creations. This ensures that all contributors, be it the choreographer, musician, or lyricist, enjoy a collective stake in the copyright.
The Act further delineates the rights of joint authors in Section 18, specifying that unless there is an agreement stating otherwise, co-authors share the copyright equally. This legal framework underscores the importance of acknowledging the collaborative nature of artistic creations, fostering a balance of rights among contributors. The Act’s provisions also address issues of attribution and integrity, safeguarding the reputation and moral rights of individual contributors within a collaborative setting.
International Perspectives: Cross-Border Copyright Considerations
As Indian performances gain international acclaim, cross-border copyright considerations become crucial. The Act aligns with international treaties, including the Berne Convention, to ensure reciprocal protection of works. Section 40 of the Act grants protection to foreign works in India as per the terms of international agreements. This reciprocity allows Indian artists to enjoy similar protection abroad.
For Indian performances showcased globally, Section 38 provides extraterritorial rights, extending copyright protection beyond national boundaries. This section reinforces the Act’s commitment to safeguarding India’s cultural heritage on the global stage. By adhering to international treaties, the Act facilitates a harmonious environment for cross-cultural artistic exchanges while preserving the rights of creators.
Global Influences: Navigating Foreign Copyright in Indian Performances
Conversely, Indian performers drawing inspiration from global influences must navigate foreign copyright landscapes. The Act, in Sections 17 and 18, recognizes the rights of foreign authors and works, ensuring that due credit and permissions are obtained when incorporating foreign elements. This section encourages a respectful and lawful integration of diverse artistic influences into Indian productions, fostering a global dialogue within the bounds of copyright regulations.
Moreover, the Act’s provisions, in conjunction with international treaties like TRIPS, emphasize the importance of striking a balance between encouraging creativity and respecting the rights of original creators. This ensures that Indian performers contribute to a global artistic conversation while upholding the principles of fair use and fair dealing.
Future Trajectories: Shaping Copyright for Generations to Come
The advent of virtual and augmented realities introduces new challenges and opportunities for copyright protection. Section 13(1)(a) recognizes performances, including those in virtual spaces, as protected subject matter. However, the Act may need amendments to explicitly address emerging issues related to virtual and augmented reality performances.
International treaties like the WIPO Copyright Treaty and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provide a foundation for adapting copyright laws to technological advancements. The Act needs to evolve to encompass virtual and augmented reality performances, ensuring that creators in these innovative spaces receive adequate protection.
Educational Initiatives: Fostering Copyright Awareness in the Art
Section 52 of the Act outlines the provisions of fair dealing, allowing the use of copyrighted works for educational purposes. Educational initiatives, as suggested in this section, can play a crucial role in raising copyright awareness. By incorporating copyright education into artistic curricula, aspiring artists gain an understanding of their rights and responsibilities.
Promoting copyright consciousness not only protects artists but also cultivates a culture of respect for intellectual property. This education ensures that future generations contribute to
Conclusion
In the intricate dance between tradition and innovation, the India Copyright Act emerges as a guardian of artistic legacies in dance-drama and musicals. The Act, through its various sections, provides a comprehensive framework that adapts to the evolving landscape of creative expressions.
From classical choreography to modern musical compositions, the protective embrace of copyright ensures that creative expressions thrive in a secure and flourishing environment. As India’s cultural heritage continues to evolve, the role of copyright remains indispensable in sustaining the vibrant tapestry of artistic endeavors for generations to come. The Act, by acknowledging collaborative efforts, addressing international considerations, and adapting to technological advancements, stands as a dynamic force in preserving and fostering the rich cultural heritage of India.
References:
- The Copyright Act, 1975, § 2(h), No. 14, Acts of Parliament, 1975 (India).
- The Copyright Act, 1975, § 14(a) (iii), No. 14, Acts of Parliament, 1975 (India).
- R.G Anand v. M/S. Delux Films & Ors., (1978) 4 SCC 118; Donoghue v. Allied Newspapers, (1937) 3 Ch. D. 503.
- The Editors of Encyclopedia Britannica, Choreography, Britannica (July 20, 1998) https://www.britannica.com/art/choreography/additional-info#history.
- Massine v. de Basil, (1938) 82 Sol Jo 173.