Alliance Center for
Intellectual Property Rights
LIGHTS, CAMERA, COPYRIGHT!
May 1, 2024
*Ms. Meghana Hrishita
INTRODUCTION
Copyright safeguards the rights of creators and owners by prohibiting unauthorized use. As a regular practice in the film industry today, at the end of a film, we have seen the credits given to all the artists and people who were involved in the film making process. One of the main problems in the film industry is infringement through application such as telegram and websites such as Movierulz, these have emerged with the mass popularity of the internet. Earlier, infringement used to happen mostly via CDs and DVDs, but in the present digital era, it is happening by recording the movie and uploading it to the public domain. Typically, infringers upload the films that were secretly recorded in movie theatres after the release of the film on these websites and apps.
Infringement in the cinema/film industry occurs not only when it is uploaded online, but also when the film clips are used in other films without the copyright owners' permission. Using songs or failing to give credit to the original owner can accomplish this.
UNDERSTANDING COPYRIGHT IN FILMS
The recent developments of the internet has made it simpler for criminals to distribute films illegally. The film business is particularly concerned about websites, torrent networks, and streaming services that distribute pirated films.
Producers, directors, and crew who are involved in making films create them and produce them with a lot of hardwork. They not only invest their money, but they also invest their time. Copyright Act helps the filmmakers to protect the films and gives rights to them, if there is any infringement. Section 14 of the Copyright Act, 1957 defines under what category the works are classified. In the film industry, the copyright of a film is given to the producer, as he invests his money as capital. The main motive of Copyright is to give protection and recognition for one’s challenging work. By giving recognition and protection people will get interested and motivated to accomplish and to create new work/s.
WHAT IS INFRINGEMENT IN FILMS
Copyright infringement is defined as the use or creation of copyright-protected work without the authorization of the copyright holder. If there is an infringement, they file a lawsuit in court, and the court will give remedies such as injunctions, prohibiting and removing infringing items, and damages if they decide that there is copyright infringement. The infringement is classified into two categories: primary infringement and secondary infringement.
Primary infringement is where the infringement is caused by a direct copy of the work. One may do this to reproduce/recreate the work. Whereas secondary infringement is where the work is sold in an unauthorised manner, commonly known as piracy. Using video cameras or other recording devices to record films in theatres is another way that people pirate films.
The infringement can happen not only by uploading the films online, but it can also happen by reproduction without permission, adaptation, or derivative work. This means when someone converts the film into a song or book without authorization. If there is any infringement, then there are both civil and criminal remedies for it. The civil remedy is to pay damages, and the criminal remedy is imprisonment for 3 years, depending on the case and facts of the case. They are also liable to pay a fine, or both.
WHO GETS THE OWNERSHIP OF A FILM?
Filmmakers who own the copyright to their films are the only ones who have exclusive rights to reproduce the content, show it in public, share copies, perform it in public, and make “derivative works of it.” This implies that the copyright protects every aspect of a film. Copyright protects everything, from the backdrops to the songs.
People who are involved in the film industry typically own copies of films, depending on their agreements with each other. When a production company or studio hires a scriptwriter to write a work-for-hire script, they own the story's rights, but the scriptwriter typically retains these rights. Directors possess moral rights to the film, such as the right to maintain their reputation as directors and the ability to prevent any alterations that could damage their reputation. However, the production company or studio (one who invests money) usually owns the copyright to the film itself. This ownership encompasses the entire video work, along with any rights to the script, music, and other elements created for the films. Other people who worked on the films, like the musicians, directors, and players, may also have rights to what they did based on the agreement that was made. To keep disputes and disagreements from happening, everyone involved in making a film needs to agree on who owns the titles.
CASES THAT DEAL WITH COPYRIGHT INFRINGEMENT IN FILMS
Yash Raj Films Pvt. Ltd. v. Sri Sai Ganesh Films Ors.
The main issue in this case was regarding the infringement that was caused by Sri Sai Ganesh Productions, the defendants. The Yash Raj Films, a Bollywood production house, the plaintiff, produced a film in 2010 called “Band Baja Bharat”. However, the defendants released a Telugu version of the film, without taking any rights. Later, the plaintiff got to know about the infringement and filed a case in the Delhi High Court. The court held that the Telugu version should not be released on any platforms, and all the platforms that contain these films should be deleted.
Ratna Sagar Pvt. Ltd. vs. Trisea Publications and Ors.
In 1982, the plaintiff began producing instructive children's books. Five volumes of “LIVING SCIENCE” were produced by the plaintiffs to educate youngsters about plants and animals. The plaintiff owned the copyright, therefore, no one else could use these five volumes. The first defendant published "UNIQUE: SCIENCE" Volumes III, IV, and V, while defendants 2 and 3 edited them. According to the plaintiff, the first defendant's "UNIQUE SCIENCE" publications were copies of theirs. The defendants claimed that the plaintiff's and defendant's works were taken from common sources and were different, hence there was no copyright infringement. The defendants also argued that the Copyright Act protects the work, which may have the same source but it uniquely expresses information and was produced with skill and labour. Despite drawing from a shared source, the defendant's work is distinct from the plaintiff's, which developed the concept independently. Similarities are inevitable and people may expand on common ideas.
The court has ruled that the defendants have infringed the plaintiff's copyrighted work, and as a result, an injunction will be issued prohibiting the defendants from printing, publishing, selling, and/or offering for sale, advertising, or directly or indirectly dealing in the infringing literary works titled “UNIQUE SCIENCE,” which are an infringement of the plaintiff's copyright.
CONCLUSION
Copyright law is crucial in preventing infringement, by providing clear guidelines for the use and distribution of creative works. Authors and creators are granted exclusive rights to their works, allowing them to reproduce, distribute, and display their creations. This statutory structure establishes a deterrent effect by ensuring that potential infringers are fully conscious of the legal implications that they may face for their actions.
The Indian film industry has made tremendous progress in understanding and respecting intellectual property rights, unfortunately, copyright piracy remains a major concern. The business continues to face issues in preserving creative works, including illegal remakes and music plagiarism, as well as screenplay and plot duplication. To guarantee Indian cinema's future development and integrity, filmmakers and production firms must adhere to ethical norms, secure necessary clearances, and participate in fair procedures. One should have knowledge of the law and should beware of the consequences that they face if there is any case of infringements.
REFERENCES
- NFI, Film Credits: Everything You Need to Know, NFI, https://www.nfi.edu/film-credits/
- Copyright Office, https://copyright.gov.in/documents/copyrightrules1957.pdf
- U.S. Copyright Office, Chapter 5 - Circular 92, U.S. Copyright Office, https://www.copyright.gov/title17/92chap5.html.
- License Grant and Scope, in Intellectual Property Licensing and Transactions, Cambridge Core, https://www.cambridge.org/core/books/intellectual-property-licensing-and-transactions/license-grant-and scope/23F02027BF63113F9BCB8A2D12F63095.
- Yash Raj Films Pvt. Ltd. v. Sri Sai Ganesh Films Ors, AIR 1978 SC 1613.
- Ratna Sagar Pvt. Ltd. vs. Trisea Publications and Ors, 1997(1)ARBLR30(DELHI)
Author:
*Ms. Meghana Hrishita
3rd Year B.A. LL.B. (Hons.) LLB Student,
Alliance School of Law, Alliance University, Bengaluru
Disclaimer: The opinions expressed in the article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of the Alliance Centre for Intellectual Property Rights (ACIPR) and the Centre does not assume any responsibility or liability for the same.