The Copyright Arena in the Films

 INTRODUCTION

In India as well as other parts of the world, the idea of copyright has become increasingly important in tackling modern problems in a variety of fields, including science, society, the economics, and law. The degree of protection accorded to literary, dramatic, musical, cinematic, and recording arts works directly affects the enrichment of cultural legacy. Because copyright ensures that intellectual creations are sufficiently protected, it contributes significantly to the development of cultural heritage and fosters further innovation and creativity. The groundwork for copyright protection in India was established by the Indian Copyright Act of 1847, one of the first legislative laws passed in the nation during the East India Company era. Later, the Copyright Act of 1957 took its place, and it is still the cornerstone of copyright today.

"Copyright" refers to the author's entitlement to assert all legal defenses against unapproved use of their creations. It grants the author the sole right to assert all intellectual property rights over his creations and forbids anybody from profiting from them without the author's consent. Five categories of works are protected by copyright under the Indian Copyright Act of 1957. It consists of dramatic works, sound recordings, musical works, literary works, and artistic works. These clauses are designed to prevent any infringement on the author's rights and their copyright-protected works. The Act's design is to stop plagiarism and piracy of previously published works. The exclusive goal is to prevent unauthorized duplication of the work and safeguard the creator's intellectual property. The statute forbids using the creator's original creations for profit. Therefore, copyright societies are in place to protect writers', singers', and performers' rights. These organizations gather royalties on the original author's behalf.

THE INDIAN COPYRIGHT ACT,1957

The Indian Copyright Act, 1957 governs all copyright-related laws in India. Two main objectives of this act are ; To protect the rights of creative people, including writers, musicians, and painters. To provide others the freedom to freely expand on the ideas and information that a work has made available. The Act has undergone six revisions since India gained its independence, the most recent of which was passed in 2012. The Indian Copyright Rules, 1958, and the Copyrights (Amendment) Act, 2012 currently govern the idea of copyrights in India.

India adheres to the common law copyright regime. Section 52 of the Copyright Act, however, protects two moral rights in addition to the author's special rights in India. When it comes to cinematograph films, the producer is regarded as the work's author. Section 17(b) of the relevant laws applies to works that are included in films, such as scripts, music, and other works. It states that if a photograph is taken, a painting or portrait is drawn, an engraving is made, or a cinematograph film is made for valuable consideration at the request of any individual, that individual will, absent a contrary agreement, be the first owner of the copyright therein. [1]

This means that the producer, not the author, will be regarded as the first owner of copyright if an underlying work is a commissioned piece. Much criticism was leveled at this provision, particularly from screenwriters and composers of music, and as a result, sections 17 and 18 of the Copyright Act were changed in 2012. A new proviso was added to section 17 which read as follows: "Provided that nothing contained in clauses (b) and (c) shall affect the right of the author in the work referred to in clause section 13(1) (a) in case of any work incorporated in a cinematograph work." The copyright assignment clause in section 18 is another pertinent provision.

"The author of a literary or musical work included in a cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for the utilization of such work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall, except to the legal heirs of the authors or to a copyright society for collection and distribution and any agreement to contrary shall be void," reads a proviso added to section 18 in 2012.

 LANDMARK CASES

Yashraj Films v. Mansoob Haider [2]
Mansoob Haider, the plaintiff in this case, filed a lawsuit against Yash Raj Films, the defendant, alleging that the latter stole his screenplay for "ONCE" and used it to create Dhoom 3. The plaintiff requested an injunction to prevent the film's release as well as an order requesting credit in the movie's titles. The court ruled that there had to be a significant similarity between the two works or scripts and that a significant portion of the protected work had to be appropriated. When the defendant's work is an obvious copy of the plaintiff's protected work, it is considered infringement. The plots of Dhoom 3 and ONCE are completely different in the aforementioned instance, hence it is impossible to call them copies.

Make My Day Entertainment & Anr. v. Anil Kapoor Film Co. Pvt. Ltd.

The High Court of Bombay declined to give an ad-interim injunction for the passing off by the producers of the still-in-production movie "Veere Ki Wedding" against the producers of the soon-to-be-released movie "Veere Di Wedding" in a very well-reasoned interim order. The plaintiff was required to demonstrate notoriety through consumer familiarity, as the court determined that the phrase "Veere di Wedding" is highly frequent. This implies that the title will always be understood by the general public to exclusively refer to the plaintiff's creative output. Since the movie wasn't even real, this was considered extremely unlikely in this instance.

CONCLUSION

In conclusion, it is clear that accusations of illegal use, infringement, or plagiarism are frequently at the center of well-known copyright conflicts in Indian film. These disputes highlight how difficult it is to protect intellectual property rights in the creative industries. They draw attention to the Indian film industry's need for strong legal structures, precise copyright rules, and efficient enforcement systems. Taking care of these concerns is essential to promoting creativity, safeguarding creative integrity, and preserving a level playing field for content creators as the industry develops and adopts digital platforms. This highlights the necessity for an appropriate legal framework to address copyright violations occurring in the Indian business, leading to high-profile disputes.

Author:– Dimpal Rathod, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or   IP & Legal Filing.

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[1] Ananya Gahlaut, 'Copyright Enforcement in Indian Film Industry' (Aishwarya Sandeep, 16 November 2023) https://aishwaryasandeep.in/copyright-enforcement-in-indian-film-industry/ accessed 14 June 2024.

[2] Ishita Bansal, 'The Application and Influence of Copyright Law on Film Industry' (The Legal Affair, 13 March 2023) https://thelegalaffair.com/the-application-and-influence-of-copyright-law-on-film-industry/ accessed 14 June 2024.