ABSTRACT

TOPIC: COPYRIGHT OF CINEMATOGRAPH FILMS

What is a cinematograph film?

"Cinematograph film" means any work of visual recording on any medium produced through
a process from which a moving image may be produced by any means and includes a sound
recording accompanying such visual recording and "cinematograph" shall be construed as
including any work produced by any process analogous to cinematography including video
films.

The Copyright law protects expressions of ideas rather than the ideas themselves. Under
section 13 of the Copyright Act 1957, copyright protection is conferred on literary works,
dramatic works, musical works, artistic works, cinematograph films and sound recording. A
copyright subsists in a cinematograph film by virtue of Section 13(1)(b).

For the purpose of copyright the producer is considered to be the author of the cinematograph
film. The sound track associated with the film is a part of the cinematograph film which is
subject of copyright. In Balwinder Singh v. Delhi Administration, Delhi, AIR 1984 Del 379:
1984 Rajdhani LR 302, and is Thulsidas v. Vasantha Kumari, (1991) 1 LW (Mad) 220 (229),
it was held that video and television are both cinematograph films.

Level of originality in a cinematograph film

A television report or a documentary may be based upon a live incident or a newspaper

report. The act does not prescribe any specified level of originality in the cinematograph film
in order to entitle it to a copyright protection. Section 13(3)(a), however, makes it clear that
copyright will not subsist in a cinematograph film if a substantial part of the film is an
infringement of the copyright in any other work.

As well there are right granted to a holder of copyright in cinematograph film and artists
working in a cinematograph film and copyright is lyric ad music of a cinematograph film.
The researchers will further research of each and every aspect relating to the Copyright of
Cinematograph films, with the help of landmark case laws.

D ANIKETH REDDY (2016-028)

C ANAND HITESH (2016-027)