DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM

PROJECT TITLE: COPYRIGHTS ON CINEMATOGRAPH FILM WORKS

SUBJECT: INTELLECTUAL PROPERTY RIGHT

NAME OF THE FACULTY: Ms. P Shree Sudha

NAME OF THE CANDIDATE: C ANAND HITESH & D ANIKETH REDDY

ROLL NO. : 2016-027 & 2016-028
SEMESTER: V

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 ACKNOWLEDGMENT

Firstly, we are, highly grateful to Ms. P Shree Sudha, Assistant Professor of Damodaram
Sanjivayya National Law University, for her support and guidance throughout this project.
We acknowledge with deepest sense of gratitude and indebtness for her guidance and support
throughout the course of this project.

Secondly, we would also like to thank all information providers without whom this project
would have been incomplete.

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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.

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TABLE OF CONTENTS:

S.NO. CONTENTS Page No.

1. Acknowledgment 2
2. Abstract 3
3. Objective of the study 5
4. Scope of the study 5
5. Review of literature 5
6. Research methodology 5
7. Introduction 6
8. Copyrights is Cinematographic Film Works 8
9. Video Tapes 10
10. Video Cassette Recorder 10
11. Interpretation of ‘jurisdiction’ in cinematograph works through the 11
courts
12. Conclusion 13
13. Bibliography 14

OBJECTIVE OF THE PROJECT

The main objective of the project is to know whether there are any safeguards for the
creativity in the film industry, also what are the rights given to the film makers and what is
the procedure laid down for registering their works to the concerned authorities.

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 SCOPE OF THE STUDY

The Project is limited to the jurisdiction of India which includes all the regional film
industries and how did cinema enter into India by knowing the history of cinematographic
films.

REVIEW OF LITERATURE

The researcher had taken the information from the articles, Websites and books, which
provided a lot of help for completion of the project. The information in the articles and
websites has been cited properly.

RESEARCH METHODOLOGY

Research methodology used was doctrinal methodology. Doctrinal methodology includes

doing research from books, articles, journal, case study, newspapers and also taking the help
of web article and pdf.

I. INTRODUCTION

i. What Is Cinematography film?

Cinematography is the way toward catching moving pictures on film or a computerized

stockpiling gadget. The word comes to us from three Greek roots-kinesis, signifying

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"development"; photograph, signifying "light"; and realistic, signifying "expressing" -
however the word was begat simply after movies themselves were created. Cinematography
is firmly identified with still photography; however its strategies and innovations obviously
recognize it from its static ancestor. This part presents the significant highlights of this
remarkable specialty.

In spite of the fact that cinematography may appear to exist exclusively to satisfy our eyes
with delightful pictures, it is in truth an unpredictable dialect that can (and in the most
perplexing and important movies, does) add to a film's general significance as much as the
story, mise-en-scene, and acting do. The cinematographer (otherwise called the executive of
photography, or DP) utilizes the camera as a producer of importance, similarly as the painter
utilizes the brush or the author utilizes the pen: the points, statures, and developments of the
camera work both as an arrangement of strategies and as expressive material, the true to life
likeness brushstrokes or of things, verbs, and modifiers. Along these lines, with the end goal
to make an educated investigation and assessment of a motion picture, we have to consider
whether the cinematographer, in a joint effort with alternate producers on the undertaking,
has effectively saddled the forces of this visual dialect to help recount the story and pass on
the meaning(s) of the motion picture. As executive Satyajit Ray puts it, "There is no such
thing as great photography essentially. It is either appropriate for a specific sort of film, or
along these lines great; or wrong-anyway rich, all around formed, fastidious and thusly
awful."

Cinematography can be utilized as a device of logical research in all situations where

development is suggested, regardless of whether it is an issue of conduct, of changes of issue,
or of some other sort of progress happening in time or in space. Its usage is unpredictable on
the grounds that a decision must be put forth in every defense (of film stock, speed, light
source, gear, and so forth.) and due to the steady adjustments of the perception techniques
utilized.

Complexity is increased by the fact that visualization techniques are continually developing.
In the last few years, for example, a whole series of new techniques (electronic recording and
transmission systems, optical fibres, computers, etc.) have been either integrated or added to
the traditional methods so as to offer an ever-widening range of possibilities for identifying,
analysing and understanding phenomena which could not previously be observed or
measured.

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Film was acquainted with India on July 7, 1896. It started with the Lumiere Brothers'
Cinematography, uncovering six quiet short movies at the Watson Hotel in Bombay. Every
day screenings of movies initiated In Bombay in 1897 by Clifton and Co's. Meadows Street
Photography Studio.

Film houses were set up in significant Indian urban areas in this period, similar to one in
Madras (in 1900 by Major Warrick), the Novelty Cinema in Bombay (where newsreels from
the Boer Wars were appeared) and the Elphinstone Picture Palace in Calcutta (set up by J.F.
Madan in 1907). Aside from these, various film indicates were organized in tents. Another
well known method of broadcasting films was the visiting film. In 1904, Manek Sethna began
the Touring Cinema Co. in Bombay and after a year, Swamikannu Vincent, a sketcher for the
railroads set up a visiting film circumventing residential communities and pictures in the
South of India.1

The main component film made in India was a story named dalik, by N.G. Chitre and R.G.
Torrey. The main full-length Indian e film was Raja Harishchandra (3700 feet when
contrasted with 1500 for Pundalik), made in 1913 and discharged economically in May that
by Dadasaheb Phalke. Phalke had gone to a screening of the Life of Christ at P.B. Mehta's
American-Indian Cinema and was motivated to make films himself. He was persuaded of the
likelihood of setting up an indigenous film industry by concentrating on Indian topics. In
such manner, he said Like the life of Christ, we will make pictures on Rama and Krishna. The
film Raja Harishchandra was nevertheless a genuine ruler who for his standards forfeits his
kingdom and family before the divine beings, who are awed with his genuineness and
reestablish him to his previous grandness. The film was a win, and Phalke proceeded to make
more fanciful movies till the approach of talkies, and commercialisation of Indian movies
diminished his prominence.

In 1916, Universal Pictures set up Hollywood's first Indian agency. The first South Indian
feature was Rangaswamy Nataraja Mudaliar's Keechaka Vadham, released in 1916. The
following year, he made the film Draupadi Vastrapaharanam, featuring Anglo-Indian actress
Marian Hill who played the role of Draupadi. From then on till this date India has been the
largest film producer in the world.2

ii. Regional Film Industries

1
Nowell-Smith, G Oxford History of World Cinemas. (Oxford University Press 1996), p.22
2
Thoraval, Y, The Cinemas of India, (Macmillan India, Oxford University Press 2000), p.55

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India is a huge nation where numerous dialects are talked. As indicated by the 1991 Census
of India there are around 10,400 'crude native languages' in India. In the event that firmly
related and commonly conceivable vernaculars are assembled, the number can be lessened to
1576 `rationalised' primary languages, or with much more combination, 114 fundamental
dialects. These 114 dialects are the ones survyed in the Indian enumeration. Indian film
makers have made movies in thirty of the biggest dialects.

Notwithstanding, just the extremely biggest dialect bunches Support major territorial
ventures. These are: Hindi, Bengali, Marathi, Kannada, Tamil, Telugu, Malayalam. Official
insights order than movies as indicated by the dialects in which they are circulated.

II. COPYRIGHTS IN CINEMATOGRAPH FILM WORKS

i. Definition of Cinematograph Film

According to 'Concise Oxford Dictionary' a cinematograph film is a film which by rapid

projection through an apparatus called cinematograph produces the illusion of motion on a
screen of many photographs taken successively on a long film.

ii. Meaning of Cinematograph Film

Sec 2 (f) - Copyright subsists in cinematograph films "Cinematograph film" means any work
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 constructed as including any work produced by any
process analogous to cinematograph including video films.

The definition only protects the film as well as the sound track which is married to the film
proper (i.e. the visual sequence). The copyright in the entire film may cover portions of the
film in the sense that the owner of the copyright in the film will be entitled to the right in
portions of the film; but this idea or concept cannot be extended to encompass an idea that
there would be one owner of the cinematograph film and different owners of the portions
therefore in the sense of performers who have collectively played roles in the motion picture,
in this connection reference may be made to Indian Performing Right Society Ltd. vs
Eastern India Motion Picture Association. In paragraph 21 of the report Krishna Iyer.J
refers to cinematograph film in the following words.3

3
A.I.R. 1977 SC 1443

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“A Cinematograph is a felicitous blend, a beautiful totality, a constellation of stars if I may
use these lovely imageries to drive home my point, slurring over the rule against mixed
metaphor. Cinema is more than long strips of celluloid, more than miracles in photograph,
more than song, dance and dialogue and, indeed, more than dramatic story, exciting plot,
gripping situations and marvellous acting. But it is that ensemble which is the finished
product of orchestrated performance by each of the several participants, although the
components may, sometimes, in themselves be elegant entities. Copyright in a cinema film
exists in law, but Sec. 13 (4) of the Act preserves the separate survival in its individuality, of
a copyright enjoyed by any 'work' notwithstanding its confluence in the film. This persistence
of the aesthetic `personality' of the intellectual property cannot cut down the copyright of the
film qua film.

iii. Definition of Artistic and Dramatic Work

The definition of artistic and dramatic work is discussed to make clear what is not included in
the definition of cinematograph work, thereby analyzing the definition of sec 2 (ff) more
exclusively in the famous case of Fortune Films International vs Dev Anand & Anr. It was
held that,

“Artistic work” has been defined as meaning a painting a sculpture, a drawing, an engraving
or a photograph, and it would be clear and obvious that the performance given by an artiste in
a cinematograph film cannot be equated with any of the five categories indicated in the act.4

In the view of the definitions of "artistic work", "dramatic work" and "cinematograph film", it
would appear that the Copyright Act, 1957 does not recognize the performance of an actor as
'work' which is protected by the copyright Act but the same is included in the performers
rights under sec 38 of the act.

Definition of “dramatic work” excluded a cinematograph film found in section 2(h) is an

inclusive definition including any piece for station, choreographic work or entertainment in
dumb show, the manic arrangement or acting form of which is fixed in writing or otherwise.
The definition, however, expressly excludes a cinematograph film by the closing words of
sub-section (h) of section 2. On a plain reading of the definition of 'dramatic work' it is not
possible to accept the submission that the motion picture could be regarded as a piece for
recitation or a choreographic work or entertainment in dumb show.

4
A.I.R. 1979 Born 17 (DB)

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III. VIDEO TAPES

In Entertaining Enterprises vs State of Tamil Nadu it was held that as a result of the
inclusive definition of cinematograph film - S.2(f) of the Act, including any work produced
by any process analogues to cinematograph the exhibition of film in a television through
video tapes in which a cinematograph film is recorded, will also fall within the definition of
cinematograph film.5

IV. VIDEO CASSETTE RECORDER

This term is not defined in the Act, under s.2(6) of the Tamil Nadu Exhibition of Films on
Television Screen through Video Cassette Records (Regulation) Act 1984, "Video Cassette
Recorder" is defined as meaning a cinematograph for the purposes of giving cinematograph
exhibition of film recorded on video cassette tape.

In Restaurant Lee vs State of Madhya Pradesh, it was held that the exhibition of movies by
playing back pre-recorded cassettes in restaurants falls within the ambit of 'Cinemas' under
the Madhya Pradesh Cinema (Regulations) Act 1952 that when a video cassette recorder is
used for playing pre-recorded cassettes of movies on the television screen, it is certainly used
as an apparatus for the representation of moving pictures or series of pictures and comes
within the definition of cinematograph as defined by the said Act.6

The above stated decision was approved and followed in Dinesh Kumar Hanrmanprasad
Tiwari vs State of Maharashtra where it was held that when a VCR is used for playing pre-
recorded cassettes of movies on the television screen it is used as an apparatus coming the
definition of `cinematograph' as defined under the cinematograph Act 1952. The Karnataka
HC has agreed with the view expressed by the Madhya Pradesh HC. These cases are referred
to in Entertaining Enterprises vs State of Tamil Nadu.7

In Balwinder Singh vs Delhi Administration (DB) (referred to in Tulsidas vs Vas antha

Kumari) it was held that video and television are both cinematograph and that both are jointly
and severally apparatus for the representation of moving pictures or series of pictures and
come within the scope of s.2 (e) of the Cinematograph Act of 1952.8

5
A.I.R. 1984 Mad 278
6
A.I.R. 1983 MP 146
7
A.I.R. 1984 Born 34
8
A.I.R. 1984 Del 379

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Sound track in film Section 2 (1) shows that the term "Cinematograph film" includes a sound
track associated with the film, that is, the sounds embodied in a sound track which is
associated with the film.

Impacts of Censorship on Copyright: Where the proprietor of a cinematograph film has

submitted an offense under the law identifying with film control and is at risk to indictment
for that offense, the inquiry emerges whether it would influence his privilege of copyright in
the film. Since the subsistence of copyright depends just on the arrangement of the Copyright
Act no doubt the way that the proprietor has not consented to the film control prerequisite
won't influence the subsistence of copyright in the film or the requirement of cures against
encroachment.

V. INTERPRETATION OF ‘JURISDICTION’ IN CINEMATOGRAPH WORKS

THROUGH THE COURTS
i. Jurisdiction:

Section 62 of the Indian Copyright Act provides the jurisdiction of the Courts over matters
arising under this Act (1) every suit or other civil proceeding arising under the Chapter in
respect of the infringement of copyright in any work or the infringement of other right
conferred by this Act shall be instituted in the District Court having jurisdiction. (2) For the
purposes of sub-section (1) a District Court having jurisdiction shall notwithstanding
anything contained in the Code of Civil Procedure or any other law for the time being in
force include a District Court within the local limits of whose jurisdiction at time of the
institution of the suit or other proceeding the person instituting the suit or other proceeding or
where there are more than one such persons, any of them actually and voluntarily resides or
carries on business or personally works for gain.

ii. Territorial Jurisdiction for Violation of Copyrights:

The offended party had the sole select responsibility for concerning the film 'Chupke' and had
elite rights to abuse the communicate of the film in different ways. The complaint that was
brought by the litigants up for this situation is that this Court had no ward to engage the suit
against them as their business was done in Singapore. In any case, the offended party moved
toward the Court for infringement of the arrangements of the understanding executed

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between the offended party and the litigant that was made in Bombay and as the agreement
was executed in Bombay, the Court has the locale to engage the suit Bombay9.

iii. Constitutional Validity of Section 64 of the Indian Copyright Act:

The candidates were carrying on the matter of loaning video tapes on contract to the clients
for survey them at their homes. The solicitor presents that he was keeping just those video
tapes which are appropriately ensured and sold by the makers and he had obtained the tapes
from the market and he had the important permit and assent from the proprietor of the
copyright holders. He documented this writ request of in light of the fact that S.64 was
against sacred arrangement and he communicated his feelings of trepidation and dread that
S.64 gives subjective and outright powers to the cop to grab any material and along these
lines drag video proprietors to case. He expressed that the statue does not give any rules to
secure the video proprietors. He affirmed that there were particular examples where the cop
requests video tapes for nothing out of pocket and along these lines there was each
probability that the cop will abuse his forces and indict blameless people by applying the
arrangements of the copyright Act.10

VI. CONCLUSION

Robbery has turned into a worldwide issue because of the quick development in innovation.
It has expected disturbing extents everywhere throughout the world and every one of the
nations are endeavouring to utilize the test by taking stringent authoritative implementation
measures. Primarily there are three kinds of robberies, to be specific, robbery of the printed
work, theft of sound chronicles, and robbery of cinematograph films. The protest of robbery,
in every single such case, is to profit and keep away from instalment of authentic expense and
eminences.11
9
Maganlal Savani and Another vs. Rupam Pictrures (P) Ltd. and Others, 2001 (1) C'TMR 69 (Bom.H.C.)
10
Girish Gandhi and etc. vs. Union of India and another, Civil Writ petitions Nos. 660 & 963 of 1989 -
(Rajasthan High Court) Reported f' 1996 (Suppl.) Arb. LR 322.
11
National Productivity Council, Study on Piracy in India, Sponsored by Ministry of Human Resources
Development India Report, 1999. p.15

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The recorded music and video tapes of movies and TV programs are duplicated, dispersed
and sold on a huge scale in numerous parts of the world with no compensation to the creators,
craftsmen, distributers and the makers concerned. The crisis of new procedures of chronicle
and multiplication, joined with the appearance of video innovation had extraordinarily
disturbed the issue of theft to the degree that it has turned into an issue of survival for the real
copyright proprietors. It is assessed that the misfortune to the makers of cinematograph films
and different proprietors of copyright adds up to a few corers of rupees. The misfortune to the
Government as a rule tax avoidance additionally sums to crores of rupees. Likewise, due to
the ongoing video blast in the nation, an expansive number of video parlous have jumped up
everywhere throughout the nation and they show approved duplicates of movies recorded on
video tapes by charging confirmation expenses from their customers. These spots have no
licenses for open review and they bargain in pilfered tapes. In perspective of these conditions,
the Copyright Act of 1957 was appropriately altered to battle successfully the issue of theft
that is pervasive in the nation. The film business has become multidimensional with novel
mix of workmanship, trade, create, star, marvelousness, social correspondence and abstract
assistant, masterful articulations, performing expressions and society shapes. India makes
right around 800 component films in 52 distinct dialects consistently positioning first in
biggest number of film makers on the planet.12

The film industry is facing the biggest threat of piracy through cable, VCR, rental libraries,
CDs and DVDs etc. The development of this various forms of film projection is a double
edged weapon. Whereas they provide for additional source of commercial exploitation of the
film on the other hand, the ease with which they can be copied, reproduced and disseminated
becomes an easy way of piracy which is a nightmare for the film industry.

BIBILIOGRAPHY

1. Law relating to Intellectual property (5th edition) by DR. B L WAGEHRA

2. Intellectual property: Patents, copyright, trademarks and allied rights. (7 th edition) by
W. Cornish, D. Llewelyn and T. Aplin
3. www.filmpiracy.com
4. Nowell-Smith, G Oxford History of World Cinemas. (Oxford University Press 1996)

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www.filmpiracy.com

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