Abstract
In the entertainment industry, the protection of creative works is heavily dependent on intellectual property rights. Even though copyrights safeguard significant literary and artistic works such as scripts and music pieces, movie titles are not eligible for this protection because they involve minimal creativity. This difference permits several movies to have the same name without worrying about copyright violations. Screenplays, in contrast, are very protected by copyright laws, granting filmmakers sole control over their scripts and intricate storylines.
Music is a fundamental part of film that includes both vocals and instrumental pieces essential to a movie’s character. Recent legal decisions, like the Javed Akhtar vs Producer’s Guild lawsuit, demonstrate the changing rights of musicians and lyricists to receive copyright protection and royalties for their work, questioning the customary practice of receiving payment only once. Cases of copyright violation, like the controversy surrounding the song “Don’t Be Shy” in the movie Bala, highlight the necessity of acquiring correct permissions and licenses to prevent legal consequences.
As the industry evolves, filmmakers are putting more emphasis on intellectual property rights to safeguard their creative investments and guarantee equitable compensation for everyone involved. Legislative bodies and film organizations play a crucial role in creating systems that support these rights, promoting a space where artists are acknowledged and rewarded for their creative contributions. This abstract delves into the complex realm of intellectual property in entertainment, highlighting its influence on ethical and legal norms in the field.
Keywords
The 5 main keywords in this paragraph are:
- Intellectual property rights
- Copyrights
- Screenplays
- Music compositions
- Copyright infringement
Introduction
PR, also known as Intellectual Property Rights, are the rights granted to the owners, creators, and authors of intellectual property. Intellectual Property, as implied by its name, is property that originates from the creator’s intellect, encompassing literary, artistic, musical works, designs, symbols, and business names. IPR encompasses multiple sectors, with Copyright, Trademark, Patents, Industrial Designs, Geographical Indications, and Trade Secrets being the most significant. The following paragraphs delve deeper into these domains.
- Intellectual property rights protection
Copyright is the author’s permission for someone else to copy his work. Copyright covers a variety of works by authors, such as literary, artistic, dramatic, photographic, and architectural creations. Additionally, registration is not necessary for copyright protection.
- Brand symbol
A trademark is a collection of words, names, symbols, or a combination of these used by a business to differentiate their goods or services from others in commerce. Trademarks must be registered and typically have a 10-year tenure from the registration date.
- Intellectual property rights granted by a government to inventors to protect their inventions.
Patents are provided to safeguard fresh scientific and creative advancements in the form of equipment, process, or an item. Patent approval depends on three key factors: Novelty, Non-Obviousness, and Industrial Applicability. Patents must be registered and provide protection for the invention for a period of 20 years.
- Indication of Origin
Geographical Indication (GI) refers to any item that originates from a specific geographic area and is well-known and recognized in that location. An example of this is Darjeeling Tea from India’s Darjeeling region. Being registered as a GI is not mandatory, but it is recommended to be included in the governing body’s official records.
The entertainment sector, constantly expanding and highly sought after, brings in huge profits through various mediums such as movies, music, theatrical productions, and gaming. Content creation in this industry often involves obtaining copyrights for already established works and enhancing them, like adapting a book into a movie after obtaining its copyright.
After completing the film, the next step involves providing the film to different distributors who then exhibit it in theaters and generate revenue. In order for this to occur, distributors are given exclusive rights to distribute the film without modifying or possessing the media. In the world of entertainment, Copyright is the most prominent form of Intellectual Property Rights, as it is extensively utilized in different capacities and levels within the industry.
- The journey of intellectual property rights in the entertainment sector.
The connection between IPR and the entertainment industry dates back to the early days of industrialization, with the first movie theater opening in the US in 1896, followed by China and India. Initially, the music industry revolved around publishing due to the absence of technologies like radio. This publishing served as a form of protection against infringement. Today, copyright protection has replaced publishing protection, covering various forms of creative works under the Copyright Law of India.
- The latest developments in the entertainment sector
The entertainment industry constantly evolves with new trends emerging quickly. The rise of digitization has brought about new trends like streaming services, online gaming, online content, AI, etc., which have both positive
A famous person is a widely recognized individual. In the current world, a celebrity is described as any individual who captures the public’s interest, including authors, actresses, models, athletes, singers, politicians, and others. Their classification as celebrities is determined by the public’s perception and opinion of them. They have a strong base of supporters and impact numerous individuals professionally and in other capacities. Prior to exploring the future of celebrity rights, it is essential to establish their definition first. In India, the concept of personality rights can be tied back to the development of common laws or traditional natural laws, which recognized personality rights as an innate entitlement. It encompasses a series of rights such as the right to control one’s image and likeness for commercial use, the right to prevent unauthorized exploitation, and the right to privacy, which entails being able to be alone and not have one’s identity publicized without consent. These rights originate from Articles 19 and 21 of the Indian Constitution.
The groundbreaking decision in the case of Titan Industries Ltd. v. M/s. was significant. The High Court of Delhi addressed various inquiries about the murky topic of Celebrity Rights in the case of Ramkumar Jewellers[iii]. The dispute emerged between the individuals due to copyright violation and unauthorized use of personal rights. In this case, Titan Industries is the Plaintiff who utilized the brand, ‘Tanishq,’ for Jewelry. Both Mr. Amitabh Bachchan and Mrs. Jaya Bachchan endorsed this brand. An agreement was made where all Intellectual Property Rights produced during the services provided by Mr. and Mrs. Bachchan would belong to the Plaintiff. Afterward, the accused in this situation duplicated the creative content of the Plaintiff’s billboards using the same images of the famous individuals. Therefore, Plaintiff submitted
In recent years, the Indian Media & Entertainment Industry has experienced significant advancements in technology, leading to a rise in the amount of media produced for the public. The Indian entertainment sector is considered one of the biggest globally, creating numerous films in different regional dialects. A highly lucrative industry, controlled by individuals’ creativity and artistic skill, the issue of Intellectual Property Rights is a vital subject to consider and comprehend.
Intellectual Property is a type of property that originates from human intelligence. It is abstract and grants the owner sole rights. Works of the intellect, including literature, music, and scientific innovations, are encompassed. Different types of Intellectual Property Rights include Copyright, Trademark, Patents, and Design Rights.
One of the many obstacles encountered by the Entertainment Industry is the infringement of rights mentioned earlier, leading to the emergence of legal complications. Piracy is a typical example of an IPR violation.
- Copyright Law
essentially applies to all creative works, including art and literature, produced by individuals. All topics discussed are called ‘Works.’ According to the definition of copyright in section 14 of the Copyright Act, 1957, it is the sole ownership of the content or work and the authority to perform specific actions within the work. The primary goal is to provide safeguard against the unauthorized utilization of creative, written, and musical pieces like music, movies, books, etc.
In the Indian scenario, registering for copyright is not mandatory but advantageous for protection. In order to benefit from copyright law, the work needs to be documented in physical form. In order to be legally actionable for infringement, the copy must be significant and not minimal. Hence, there would be no violation if the two creations shared identical themes but were showcased in varying styles.
YRF v. Sri Sai Ganesh Productions involved Yash Raj Films (YRF) releasing the film, ‘Band Baja Baarat’ in December 2010. The plaintiff discovered in December 2011 that Sri Sai Ganesh Productions planned to create a Telugu version of the movie. Following that, YRF sent two cease and desist notices to the defendants, but they did not receive any response. After Sri Sai Ganesh Productions finally released a trailer for their film ‘Jabardasth’, YRF sent a third legal notice asking for a copy of the movie prior to its release. They proceeded to take legal action against the defendants for copyright infringement, as they had directly plagiarized the movie’s plot and theme.
The Court in this instance ruled that copyright for a movie remains valid regardless of the medium it is shown on.
- Trademark Law
are a form of intellectual property rights. Intellectual property rights allow individuals to maintain ownership of their innovative products and creative endeavors.
A trademark is a term, title, or symbol that differentiates products from those of other companies. Selling products or services is simplified with a trademark as it guarantees and facilitates product identification. The owner has the ability to stop a competitor from using his trademark or symbol. A trademark is a tactic in marketing that boosts funding for businesses. Not all brands are trademarks, but all trademarks are brands. Film companies utilize trademarks in order to create a unique identity and differentiate themselves in a competitive market. For instance, Karan Johar owns the trademarked name Dharma Productions.
During the 20-year legal dispute between Sholay Media Entertainment and Yogesh Patel, the plaintiffs were responsible for producing the iconic film ‘Sholay’. The Patel Family members who registered the domain ‘www.sholay.com’, released a magazine with the same title, and sold merchandise related to the film ‘Sholay’ were the defendants. The lawsuit requested a lasting court order to prevent the defendants from violating their official trademark ‘Sholay’.
In this instance, the Delhi High Court determined that a term such as ‘Sholay’, connected to the name of a highly acclaimed movie, is not without legal protection. Certain movies go beyond customary language, and the film ‘SHOLAY’ is an example of this. The Court mentioned that the word ‘SHOLAY’ automatically links to the movie ‘SHOLAY’. Some industry estimates suggest that, while ‘SHOLAY’ has a literal Hindi meaning of ‘burning coal,’ the general public only associates the word with the movie.
- Patent
A patent is a privilege granted to someone for an invention that stops others from using their idea without consent. Once a invention is patented, the inventor has a 20-year window to sell, use, distribute, make, import, or export it. In the entertainment sector, patents are commonly used to safeguard technical progress in creating or distributing content. The film industry has always been a mix of cutting-edge technology and entertainment, using sound, visuals, and editing techniques to captivate the viewers. Patents serve as the foundation for the technological progress of every sector. Creating a film is a complicated process that demands funding to guarantee high quality in all aspects of its development, including editing, special effects, sound effects, lighting, and more
- Design
Design registration safeguards the form, design, layout, decoration, or overall appearance of specific lines or colors on objects. The Design Act of 2002 safeguards various designs like computer simulations, sketches, and fashion apparel and footwear creations. Costumes bring characters to life. Design registration can protect unique designs. Simply put, it safeguards unique industrial designs made with the goal of being marketed, enhanced, or improved aesthetically. Everything falls under the jurisdiction of the Design Act.
- Rights of celebrities in India
A famous person is a widely recognized individual. In the present-day world, a celebrity is described as someone who captures the attention of the public, such as an author, actress, model, athlete, singer, politician, or another individual. Celebrities are categorized according to the way they are perceived and seen by the public. They boast a sizable number of followers and impact numerous people in their careers and beyond. Prior to exploring the future of rights for celebrities, it is essential to establish a clear definition of what these rights entail. In India, the concept of personality rights can be linked back to the development of common laws or traditional natural laws, which recognized personality rights as an innate entitlement. It involves a group of rights that encompass the right to prevent the unauthorized commercial use of one’s image and likeness, the right to publicity, and the right to privacy, which includes the right to not have one’s persona portrayed publicly without consent. The origins of these rights can be traced back to Articles 19 and 21 of the Indian Constitution.
The important ruling in the case of Titan Industries Ltd. versus M/s. In the case of Ramkumar Jewellers[iii], the High Court of Delhi clarified various issues surrounding Celebrity Rights. The issue emerged between the individuals due to copyright infringement and misuse of personality rights. Titan Industries, the Plaintiff in this case, utilized the brand name ‘Tanishq’ specifically for Jewelry. Mr. Amitabh Bachchan and Mrs. Jaya Bachchan both approved this brand. An agreement was made where all Intellectual Property Rights generated during the services provided by Mr. and Mrs. Bachchan would belong to the Plaintiff according to the terms. Afterwards, the accused in this case replicated the artwork from the Plaintiff’s billboards, using the same celebrity images. Therefore, the Plaintiff submitted.
Research methodology
This paper is of descriptive nature and the research is based on secondary source for the deep analysis on the topic of intellectual property rights on entertainment industry in India secondary sources of information like newspaper generals and websites and blogs and articles etc.
Case Studies: Analyzing specific case studies and legal precedents involving copyright, trademark, patent disputes, and other IPR issues within the entertainment sector. Case studies provide practical examples of how intellectual property laws are applied and interpreted in real-world scenarios.
Review of literature
In the entertainment industry, it is essential to safeguard creative works by upholding intellectual property rights. Copyrights protect significant artistic works such as screenplays and music pieces, providing creators with unique rights. Surprisingly, there is no legal protection for film titles because they lack originality, allowing multiple films to use the same title without any legal repercussions.
Screenplays have strong copyright protection, providing filmmakers with exclusive control over their intricate stories. Music, encompassing both lyrics and background scores, is crucial to establishing a film’s essence. Recent legal battles, like the one between Javed Akhtar and the Producer’s Guild, have broadened musicians and lyricists’ rights, enabling them to demand royalties for their creations instead of settling for fixed payments.
Instances such as the “Don’t Be Shy” song controversy in the movie Bala demonstrate the dangers of copyright violation, underscoring the significance of acquiring the necessary permissions and licenses to prevent legal issues.
As the industry progresses, filmmakers are paying more attention to safeguarding their creative investments and guaranteeing fair compensation for everyone involved. Legislative bodies and film organizations are crucial in creating structures that uphold these rights, guaranteeing that creators receive acknowledgment and compensation for their artistic advancements. This summary examines the intricate realm of intellectual property in the entertainment sector, emphasizing its influence on ethical and legal norms in the field.
Suggestions
My topic on Intellectual Property Rights (IPR) and its application in the Entertainment Industry is comprehensive and covers key aspects of copyright, trademarks, patents, geographical indications, and trade secrets. Here are a few suggestions to enhance or expand on this topic:
1. *Case Studies and Examples*: Incorporate more specific examples or case studies from the entertainment industry where intellectual property rights played a crucial role. For instance, you could delve deeper into famous copyright disputes in filmmaking or music production that have shaped industry practices.
2. *Digital and Online Challenges*: Explore how digital platforms and online distribution have impacted intellectual property rights in entertainment. Discuss issues such as digital piracy, streaming rights, and the challenges of protecting content in the digital age.
3. *Emerging Technologies*: Consider discussing how emerging technologies like artificial intelligence (AI) are influencing intellectual property rights in entertainment. AI’s role in content creation, distribution, and copyright infringement detection could be particularly relevant.
4. *International Perspectives*: Touch upon how intellectual property rights vary internationally and their implications for global collaborations in the entertainment industry. Highlight differences in copyright laws, trademark registrations, and patent protections across different countries.
5. *Future Trends*: Discuss upcoming trends and potential future developments in intellectual property rights within the entertainment industry. This could include new legal frameworks, technological advancements, or shifts in consumer behavior impacting content consumption and distribution.
6. *Ethical Considerations*: Address ethical considerations related to intellectual property rights in entertainment, such as fair use policies, creative commons licenses, and the balance between protecting rights and fostering innovation.
By incorporating these suggestions, you can provide a more nuanced and comprehensive exploration of intellectual property rights within the dynamic and evolving landscape of the entertainment industry.
Conclusion
n conclusion, intellectual property rights (IPR) serve as a cornerstone in the protection and management of creative assets within the entertainment industry. While copyrights offer robust protection for substantial works like screenplays and music compositions, film titles are excluded due to their minimal authorship requirement, allowing for multiple films to share identical titles without legal conflict. This distinction underscores the nuanced application of IPR in different facets of the industry.
Music, another vital component of entertainment, faces ongoing evolution in rights enforcement, exemplified by cases such as Javed Akhtar vs Producer’s Guild, which highlight musicians’ and lyricists’ rights to royalties and copyright protection. Instances of copyright infringement, such as those seen in the Bala film controversy, emphasize the necessity of proper permissions and licenses in content creation.
As the industry navigates digital advancements and new distribution models, the protection of IPR becomes increasingly critical. Filmmakers and content creators are encouraged to prioritize IPR to safeguard their investments and ensure equitable compensation for all contributors. Legislative frameworks and industry organizations play pivotal roles in shaping ethical standards and legal practices, creating an environment where original creators can thrive through recognition and financial rewards for their creative innovations. Ultimately, a balanced approach to IPR supports both creativity and commercial viability in the dynamic landscape of the entertainment industry.
Name: Sunit Singh
College: Jindal Global Law School