Over the last couple years, Bollywood has been dragged into copyright infringement cases because of the trend of remaking South Indian & Hollywood film adaptations. The unlicensed copying of movies, changing certain sequences and conveniently passing them off as ‘inspirations’ to avoid giving credit to the original filmmakers had become common practice. However, this scenario is slowly changing with Hollywood & other film industries creating better defenses for protecting their work through proper registrations & licenses.
According to the Copyright Act, ‘Cinematographic film’ refers to any work of visual recording on any medium produced through a process with moving images created by any means and including a sound recording accompanying such visual recordings. All recordings consisting of a moving image, including documentaries, full length feature films and television productions, are all considered as cinematographic films.
Cinematographic films are generally complex, collaborative endeavors with several layers of rights that relate to different elements of a production such as the screenplay, the music, the direction and the performances. In terms of ownership rights, the producer of a film is considered the author. The rights connected to each of these elements of a movie must be licensed, transferred, and documented separately to allow the producer to claim ownership of the film.
The term of protection for cinematograph films, like other forms of artistic creations in India is 60 years. The term of protection starts from the year following the year of publication.
But what can a cinematographic movie copyright get you?
In the case of cinematographic creations, copyright means the exclusive right-
- -To make a copy of the film
- To make a photograph of any images that make up the clip
- To store it in any medium by electronic or other means
- To sell, lend on hire, offer for sale or hire a copy of the film
- To communicate & broadcast the cinematographic film to the public.
The Indian Copyright act, 1957 at present, does not per se protect titles of films, books or songs. Since titles are too short, inconclusive and incapable of being protected, only the work contained in them can be protected. Additionally, the copyright of intellectual property also does not protect the performance of an actor. However, there are additional provisions under the Copyright (Amendment) Act 1994 which provide special “Performer’s Rights” to actors & artists in a copyrighted cinematographic film. A film copyright only protects the artistic expression in movies, short films and videos. This includes the camera work, dialogue and sounds but does not cover the idea or theme behind a movie or the characters portrayed in it.
After several proceedings and various rounds of amendments in the act, The Supreme Court gave the term ‘copying’ a wide(r) interpretation and laid down some guiding principles to determine what can be considered copying/ infringement of copyrights in cinematographic & artistic work.
Since themes and ideas cannot be protected, similarities and common topics may occur in 2 different works. Which is why the ultimate test on whether a work has been copied/ infringed is the impact the copied version has on the reader/viewer’s after they come across both the works.
Only original films can be copyrighted. Making a ‘copy’ of an original film without the owner’s authorization constitutes infringement. Moreover, making a copy does not merely mean creating a ‘physical copy’ of the film, but it also refers to another film which substantially, fundamentally, essentially and materially resembles/reproduces the original film. To remake a film, it is mandatory to get a license from the copyright holder of the original film.
Sometimes, remakes can also be made by taking ‘inspiration’ from or by ‘adaptations’ of an original film. Such remakes of cinematographic works do not require a license from the copyright holder as long as a clear difference between inspiration/adaptation and copying is established through the work.
But how can you actually get a copyright for your film?
Some basic documents required for application of film copyrights include:
- -Form XIV
- 2 copies of the work (1 copy if the work is already published)
- Power of Attorney (if the application is being filed through an advocate or an individual other than the applicant)
- No Objection Certificate [NOC] or from other artists involved
The process of registration and examination of copyrights for film includes:
- Formality check
Upon the receipt of an application, the Copyright Office duly checks the documents attached to the application and gives a few days to fix them if any problems are found.
- Advertisement for objections
The next step is to publish the request and allow all relevant parties to come up with objections, if any. If an objection is received, a hearing will be organized between both the parties and the Registrar. In case of discrepancies, the applicant is given a chance for correction.
- Examination
If no objections are raised, the copyright office examines the work based on the prerequisites and passes it for registration.
- Registration
Upon registration, a Registration Certificate, as well as extracts from the entry in the Registry will be sent to the Applicant.
Our copyright lawyers at Parker and Parker Co. LLP, understand that your artistic & cinematographic creations exhibit your innate talents and that they need to be protected rightfully with well-structured copyrights registration. We assist our clients with registering copyrights, expediting applications, recording documents, performing title searches, and proceeding in all phases of litigation. Our intellectual property & copyright law firm also assists clients in drafting and negotiating commercial agreements involving copyrighted works, including licensing, development, and distribution agreements.
