MEDIA AND COPYRIGHT

COPYRIGHT
• Copyright is a property right in an original work of authorship.
• India is the world’s largest producer of films and has the potential to
become an international hub for the sourcing of all kinds of inputs for
the international entertainment industry.
• Piracy is eating into not only the profits legitimately due to this
industry, but is also depriving the government of substantial revenue.
 INDIAN CINEMA
• Bollywood makes up to 1000 films a year but loses about US $ 350
million annually due to piracy.
• India spends 0.41 per cent of the gross domestic product(GDP) in the
entertainment industry.
• Copyright subsist in Cinematography film.
• Sec.2(f) of the Copyright Act, 1957
• “Cinematograph film” means any work of visual recording 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.
 OWNERSHIP OF COPYRIGHT IN CINEMA
• Sec.17- In case of cinematograph film, the producer is regarded as the
author of the work and is the first owner of the copyright therein.
• Sec. 57A- A person exhibiting a video film is required to display the
name and address of the person who has made the video film and a
declaration that he obtained the necessary licence or consent from the
owners of the copyright.
 INFRINGEMENT OF COPYRIGHT IN A FILM
• Sec.51- Without permission (licence) granted by the owner or the Registrar of
Copyrights under the Act and thereby, using the copyrighted works of others.
• R.G. Anand v. Delux Films Ltd (AIR 1978 SC 1614)
• A play- Hum Hindustani, New Delhi.
• There can be no copyright in idea
• Where the same idea is being deployed in a Play is a dramatic work under
Section 2(h) of the Copyright Act, 1957.
• The movie will be an ‘adaptation’ as per Section 2(a)(i). For a dramatic work,
making an adaptation is a statutory right provided under Section 14 (a)(vi) of the
Copyright Act, 1957.
• A movie which copies a play will be an infringement as per Section 51 unless
excluded by Section 52.
 Star India (P) Ltd v. Leo Burnett (India) (P) Ltd.
[(2003) 2 Bom. CR 655]

• It was held that production by another person of the same

cinematographic film does not constitute infringement of a copyright
in a cinematograph film.
• It is only when an actual copy is made of a film by the process of
duplication that it falls within Section 14(d)(1) of the Copyright Act,
1957.
• It was held that if the film was shot separately, and even then, if it
resembles the earlier film, it does not amount to copying under the
Copyright Act, 1957.
 COPYRIGHT AMENDMENT ACT, 2012
• Independent rights to authors of literary and musical works in
cinematograph films.
• Authors retain their right to receive royalties and the benefit enjoyed
through copyright societies.
• An amendment to Sec.18 of the Copyright Act provides that authors of
literary or musical works featured in movies shall “receive royalties to
be shared on an equal basis” with others who have copyright over the
work (such as producers).