Abstract
The entertainment industry serves as a hub of creativity, innovation, and intellectual endeavours, where the protection of intellectual property rights plays a pivotal role in fostering artistic expression and economic growth. This research paper delves into the intricate landscape of intellectual property rights within the entertainment sector, examining the multifaceted dimensions of copyright, trademark, and patent laws that safeguard the creations of artists, musicians, filmmakers, and other creative professionals.
The paper begins by elucidating the fundamental concepts of intellectual property rights and their significance in the context of the entertainment industry. It explores the historical evolution of intellectual property laws, tracing their roots to the need for incentivizing creativity while balancing the interests of creators and the public domain. By delving into the philosophical underpinnings of intellectual property rights, the paper aims to provide a comprehensive understanding of the ethical and legal frameworks that underpin creative ownership.
Furthermore, the research delves into the practical implications of intellectual property rights for various stakeholders in the entertainment industry. It analyses the challenges posed by digital piracy, unauthorized distribution, and the emergence of new technologies that test the boundaries of traditional copyright laws. By examining case studies and real-world examples, the paper highlights the importance of robust intellectual property protection in fostering innovation, investment, and cultural diversity within the entertainment landscape.
In conclusion, this research paper underscores the critical role of intellectual property rights in sustaining a vibrant and sustainable entertainment industry. By advocating for strong legal protections, ethical practices, and technological innovations, the paper advocates for a balanced approach that upholds the rights of creators while promoting access to cultural works for the broader public. Ultimately, the paper calls for a nuanced understanding of intellectual property rights as a cornerstone of creativity, innovation, and cultural expression in the dynamic realm of entertainment.
KEYWORDS
Copyright, Trademarks, Patents, Trade Secrets, Infringement, Licensing
INTRODUCTION
In the ever-evolving realm of the entertainment industry, the protection of intellectual property rights stands as a cornerstone in preserving the ingenuity and originality that fuel this vibrant sector. This comprehensive research paper delves deep into the intricate domain of intellectual property rights within the realm of entertainment, unravelling the legal frameworks, challenges, and implications that resonate with creators and stakeholders alike.
As the curtains rise on this exploration, the spotlight illuminates the paramount importance of intellectual property rights in safeguarding the intangible assets of creators across various creative domains, encompassing music, films, art, literature, and a myriad of other expressive forms. The paper meticulously navigates through the diverse array of intellectual property rights prevalent in the entertainment industry, including the stalwarts of copyright, trademarks, patents, and trade secrets, each playing a distinct role in upholding originality and nurturing innovation in landscape brimming and creativity.
Venturing further into the legal tapestry that envelops intellectual property rights in the entertainment sphere, the research scrutinizes the complexities that underlie issues such as infringement, licensing intricacies, the doctrine of fair use, and the transformative impacts of the digital era. It unravels the intricate dance between technology and intellectual property rights, shedding light on the challenges posed by digital streaming platforms, online piracy, and the imperatives for adaptive legal frameworks to fortify the protection and enforcement of intellectual property rights in a rapidly evolving digital milieu.
Moreover, the paper unfurls the myriad challenges that confront creators, producers, and distributors as they navigate the labyrinthine landscape of intellectual property rights, traversing the contours of global markets, transnational disputes, and the delicate interplay between artistic expression and commercial imperatives. It casts a discerning eye on the pivotal role that intellectual property rights play in shaping industry practices, fueling creativity, and incentivizing investments in novel creative endeavours that propel the entertainment industry forward into uncharted realms of artistic exploration.
In essence, this research paper endeavours to provide a panoramic vista of intellectual property rights within the entertainment industry, offering a nuanced understanding of the legal, economic, and creative dimensions that underpin this critical facet of the industry. By delving into the intricacies of intellectual property protection, enforcement mechanisms, and the catalytic role of innovation, this study aims to enrich the discourse on how intellectual property rights sculpt the landscape of the entertainment industry and steer the course of creative expression in a dynamic and ever-evolving milieu.
With the tremendous advancements in technology over the years, the Indian media and industry of entertainment has produced additionally public-facing media. Thousands of films in several regional languages are produced by what is reportedly one of the world’s largest entertainment industries—India. Understanding and debating the issue of intellectual property rights becomes essential in light of the multi-million dollar business that depends on the inventiveness and artistic ability of individuals. Property that is created by human brain is referred to as intellectual property. The owner has exclusive privileges over this intangible asset. Included are all cognitive creations, whether they be musical, literary, or scientific.
The categories of intellectual property rights include patents, trademarks, copyright, and design rights. The infringement of the aforementioned rights is one of the numerous difficulties the entertainment industry faces, and as a result, legal problems frequently surface. Piracy is one such common instance of an IPR infringement.
COPYRIGHT REGULATIONS
All literary and artistic works produced by individuals are protected by copyright laws. Every topic discussed is referred to as “Works.” Copyright is defined as the exclusive right over the work or content and the ability to perform certain acts in the work or to permit others to perform certain acts in the work under section 14 of the Copyright Act, 1957. Protecting artistic, intellectual, and musical works—such as songs, movies, books, and so on—from unauthorised usage is the main goal.
While registering for copyright is preferred, it is not necessary to obtain protection in the Indian setting. Copyright legislation can only be profitable if the work is expressed in a substantial form. If the copy is substantial—rather than tiny—it can be sued for infringement in court. If the themes of the two works were the same but presented differently, there would be no infringement.
In the controversial production company Yash Raj Films (YRF), the movie “Band Baja Baarat” was released in December 2010. This is the subject of the case YRF v. Sri Sai Ganesh Productions. When Sri Sai Ganesh Productions decided to remake the movie in Telugu, the plaintiff found out about it in December 2011. After serving the defendants with two cease and desist letters, YRF did not hear back from them. Three legal notices were sent by YRF demanding a copy of the film before it was released, and finally, Sri Sai Ganesh Productions produced a teaser for the film “Jabardasth.” When the defendants were found to have directly stolen the plot and premise of their film, they launched a lawsuit against them for copyright infringement.
As each intrinsic work and the entirety of the film itself are separate, the Court decided in this judgement that copyright in a cinematograph film existed independently of the supporting works that it comprises. There are significant and tangible similarities between the scenes and story lines of the two films. For instance, the dialogue and script are literary works; song lyrics are musical works; entire songs are; advertisements and posters are creative works; and so on, all have the same rights. Furthermore, it was noted that the Copyright Act’s section 14 on “to make a copy of the film” encompasses more than only creating hard copies.
TRADEMARK REGULATION
IPR includes trademarks. Individuals can keep ownership of their innovative works and creative endeavours, thanks to intellectual property rights.
A mark that sets a product apart from those of other companies is called a trademark. A trademark makes it easier to sell products or services because it guarantees and simplifies product recognition. The right to stop a competitor from utilising the owner’s mark or symbol exists. One marketing tactic that boosts business funding is the trademark. A trademark is a brand even though it’s not always a brand. Film firms register trademarks in order to create a unique brand and differentiate themselves in a competitive market. One such trademark is Dharma Productions, which is owned by Karan Johar.
The plaintiffs developed the legendary movie “Sholay” in the 20-year legal struggle of Sholay Media Entertainment v. Yogesh Patel. The Patel family members who registered the domain name “www.sholay.com,” published a magazine under the same name, and offered a variety of goods with names and scenes from the film “Sholay” were the defendants. An injunction to prevent the defendants from violating their registered trademark, “Sholay,” was requested in the lawsuit.
In the present instance, the Delhi High Court ruled that a word like “Sholay,” which is linked to the name of a very acclaimed movie, could not be protected without meaning. Some films have titles that go beyond traditional meanings; “SHOLAY” is one such them. The word “SHOLAY” instantly conjures up associations with the film “SHOLAY,” according to the Court. Despite the fact that the word “SHOLAY” means “burning coal” in the Hindi language, according to industry estimations, the phrase became exclusively connected with the movie after it was released.
Thus, in order by giving the filmmakers relief, the court put an end to the 20-year old dispute. Furthermore, the defendants were prohibited by the Court from selling items with the name SHOLAY or with any pictures from the movie, nor from exploiting any photos or clips from the movie.
PATENTS
A patent is an intellectual property right granted to a person that stops others from using their innovation without that person’s consent. The inventor has 20 years from the date of patent to manufacture, sell, import, utilise, distribute, or export their creation. Patents are commonly employed in the entertainment sector to safeguard technological advancements in content production or delivery. The movie has always been at the forefront of creativity and entertainment, combining editing, visual, and auditory elements to creatively engage the viewer. Any industry’s technological growth is largely dependent on patents. The intricate process of film production demands financial resources to guarantee excellence across all phases of its development, including special effects, editing, etc.
DESIGN
When specific lines or colours are applied to items, their composition, pattern, arrangement, or shape are protected by design registration. A computer simulation, a sketch, or a piece of fashion clothes or footwear is all protected by the Design Act of 2000. Because of their clothes, characters come to life. These unique designs can be preserved by design registration. It safeguards unique industrial designs intended for commercialization, enhancement, or improvement of their aesthetic worth, to put it another way. For everything, the Design Act applies.
INDIAN CELEBRITY RIGHTS
A famous person is a celebrity. A celebrity in today’s world can be any person who draws attention from the public, including writers, actors, models, athletes, singers, politicians, and others. Depending on how the general public feels and sees them, they are categorised as celebrities. They have a sizable fan base and have a positive impact on many people both professionally and in other ways. It is vital to clarify celebrity rights before delving into their future.
Indian common laws and traditional natural laws, which recognised personality rights as inalienable rights, are credited with helping to build the concept of personality rights. The term encompasses a range of rights, such as the freedom from unauthorised commercial use of one’s image or likeness, the right to privacy, which is the freedom to be left alone and to avoid having one’s identity publicly portrayed without consent, and the right to publicity. Articles 19 and 21 of the Indian Constitution give rise to certain liberties.
A number of inquiries concerning the vague topic of celebrity rights were addressed by the Delhi High Court in its seminal ruling in Titan Industries Ltd. v. M/s. Ramkumar Jewellers. Both copyright infringement and the theft of personality rights gave rise to the parties’ legal dispute. Titan Industries, the parent company of Tanishq Jewellery, is the plaintiff in this lawsuit. This company has the support of Mr. and Mrs. Amitabh Bachchan. All Intellectual Property Rights generated throughout the course of Mr. and Mrs. Bachchan’s service provision would belong to the Plaintiff, as per their agreement. Afterwards, the defendant in this instance replicated the plaintiff’s artistic creations using exact replicas of the celebrities. Plaintiff consequently initiated legal action. The Court noted that it violates a renowned person’s right to publicity when their identify is used for profit without that person’s permission. The individual has the right to regulate how their identify is used for commercial purposes. The following components make up the culpability for breach of the right to publicity:
Validity: A human person’s identity or persona must belong to the plaintiff as an enforceable right.
Identity: The Celebrity’s inappropriate utilisation by the Defendant must be proven to have caused it to be identified. When a celebrity is identified, any violation of their right to publicity does not necessitate evidence of dishonesty, confusion, or deceit. But public opinion has a privilege that extends beyond the conventional bounds of rules prohibiting deceptive advertising.
Since Mr. Amitabh Bachchan and Mrs. Jaya Bachchan can be identified in the defendant’s advertising, the defendant is liable for the infringement. The Defendant’s identity is closely intertwined with their mental condition. A false and misleading endorsement is conveyed by the defendant’s use of Mr. Amitabh Bachchan and Mrs. Jaya Bachchan’s personality rights in their commercial. Moreover, since there is no evidence of dishonesty, there would be a violation of the right to publicity because Mr. Amitabh Bachchan and Mrs. Jaya Bachchan are immediately recognisable. Consequently, the Plaintiff won the case in trial. Therefore, in the Tanishq commercial, Defendant was prohibited from violating Plaintiff’s copyright.
A John Doe order, which shields the unlawful use of a celebrity’s reputation from both known and unknown defendants, has been granted by Indian courts for the first time. Because of the order’s incredibly broad scope and global application, celebrities find it easier to assert their rights against any third party. This is especially advantageous in the unorganised sector, where violation is common and which has risen dramatically in recent years. With relation to personality rights in particular, the decision gives India’s intellectual property laws a new twist. One could argue that this order might create a precedent and a stricter legal framework for the protection of celebrity rights. The ability to permit and broadcast live concerts in public is not specific to India.
The secondary rights are limited to preventing public performance, broadcasting, or recording without the performers’ consent and to receiving fair compensation. Consequently, moral rights are non-existent, but economic rights are available. The cornerstone of defending celebrity rights—”substantial likeness”—is unprotected. Litigation is the only viable solution to this growing issue. For instance, significant financial penalties and multimillion-dollar payouts may put a stop to violations or infringements by those who have violated the privacy of employers and celebrities in the past.
Although, the Judiciary has consistently acknowledged the existence of different aspects of celebrity rights, in order to close legal gaps and keep up with the quick commercialization of celebrity status, it is the legislature’s duty to identify commercial aspects of celebrity rights through statutes.
RESEARCH METHODOLOGY
The research methodology for this study on intellectual property rights in the entertainment industry involves a multi-faceted approach aimed at comprehensively analyzing the various facets of this complex subject matter. The methodology encompasses a blend of qualitative and quantitative research methods to glean insights into the legal frameworks, challenges, and implications surrounding intellectual property rights within the entertainment sector.
This research methodology includes the case studies of landmark intellectual property disputes in the entertainment industry. By juxtaposing diverse legal systems, practices, and precedents, the study aims to elucidate the global dimensions of intellectual property rights and their impact on cross-border collaborations and disputes in the entertainment domain.
Overall, the research methodology adopted for this study on intellectual property rights in the entertainment industry is designed to be comprehensive, interdisciplinary, and rigorously analytical, aiming to provide a nuanced understanding of the intricate interplay between law, creativity, and commerce in shaping the landscape of intellectual property rights within the dynamic and multifaceted realm of entertainment.
REVIEW OF LITERATURE
In the literature review focusing on intellectual property rights within the entertainment industry, we delve into the detailed explanation of copyright, trademark, designs and patent laws that govern creative works and innovations. We explore current trends like digital rights management and anti-piracy measures, discussing the challenges of piracy and balancing creators’ rights with promoting innovation. This comprehensive analysis provides insights into the complex landscape of intellectual property rights in entertainment along with several landmark cases.
SUGGESTIONS
Based on the literature review findings, here are some suggestions:
1. Enhanced Digital Rights Management: Implement robust digital rights management strategies to protect intellectual property in the digital age and combat piracy effectively.
2. Educational Campaigns: Launch educational campaigns to raise awareness about the importance of respecting intellectual property rights among consumers and creators in the entertainment industry.
3. Collaborative Initiatives: Foster collaboration between industry stakeholders, legal experts, and policymakers to develop innovative solutions for addressing intellectual property challenges collectively.
4. Continuous Monitoring: Regularly monitor and adapt to emerging trends and technologies to stay ahead of potential threats to intellectual property rights in the rapidly evolving entertainment landscape.
5. Global Engagement: Engage with international partners and organizations to ensure alignment with global intellectual property standards and best practices for protecting creators’ rights on a broader scale.
By incorporating these suggestions into practice, stakeholders in the entertainment industry can strengthen intellectual property protection, promote creativity and innovation, and create a more sustainable ecosystem for creators and consumers alike.
CONCLUSION
To sum up, the requirement of intellectual property rights and their effects on the Indian entertainment sector can be fully comprehended by studying the several seminal rulings in the context of intellectual property rights. Protecting the originality and creativity of content, learning more about intellectual property laws, identifying the various kinds of infringement, keeping track of legislative changes, and considering the implications for the industry’s overall health are imperative for all industry participants. As the industry continues to innovate and OTT platforms become more prevalent, there is an even greater need to comprehend and investigate the myriad aspects of IPR.
PAPER SUBMITTED BY-
PRAPTI DASGUPTA
SRM UNIVERSITY, DELHI-NCR.
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