Introduction
The Indian media and entertainment sector has made remarkable progress in content creation, outlet expansion, and the adoption of advanced technology. Due to the rise of digitization, heightened consumer demand, and extensive internet accessibility, the Indian Media and Entertainment (M&E) sector has emerged as one of India’s most rapidly expanding industries. According to the FICCI EY report titled ‘The era of consumer A.R.T. – Acquisition Retention and Transaction,’ the Indian M&E industry surged to INR 1.82 trillion (US$25.7 billion) in 2019, marking a growth of 9% compared to 2018.[1] Nevertheless, there’s a concern about the originality of content and the extent to which Intellectual Property Rights (IPR) principles and regulations are followed in its production. IPR serves as a vital protection against infringement, safeguarding the originality and creativity of creators while ensuring the widespread dissemination of genuine work to the public.
Meaning of IPR
Intellectual property rights (IPR) encompass legal protections that safeguard creators’ original works, designs, product appearances, artistic creations, scientific innovations, and more. In the realm of the entertainment industry, copyrights and trademarks play pivotal roles. Copyrights can cover lyrics, music, dialogue, and screenplays. Celebrities have long utilized trademark law to generate profits for themselves. While intellectual property rights may seem to offer limited protection initially, strategic utilization can yield significant benefits and value for creations, facilitating the development, safeguarding, and monetization of groundbreaking technologies
IPR Protection in Entertainment Industry
Understanding the significance of intellectual property rights (IPR) laws is crucial, particularly in the context of the burgeoning Indian entertainment industry. This industry has experienced remarkable growth and is poised for further expansion, largely driven by its creative content. Therefore, preserving and upholding the essence of creativity, which is fundamental to the industry’s operation, becomes imperative. IPR laws serve as the primary guardians of one’s indigenous and creative works, ensuring the smooth functioning of the entertainment sector and ensuring that artists receive the rightful credit and recognition for their original creations. These laws and judicial mechanisms provide a conducive environment for creative minds to unleash their imagination and produce masterpieces of artistic expression.
- The importance of a distinguishable trademark in the media and entertainment realm cannot be overstated. A band or artist’s name is often the cornerstone of their career, offering them a unique identity in the industry. This identity forms the crux of how artists are perceived by the public. Similarly, film titles hold significant value and can also be protected under trademark laws.
- A filmmaker can choose to register the title of their film before starting production to prevent others from using the same name, but neither copyright nor trademark laws typically apply to film titles. Copyright is designed to encourage creativity by protecting works with a certain level of authorship, such as song lyrics. However, film titles generally do not meet this threshold of authorship required for copyright or trademark protection. This is why multiple films can have the same title, as seen in India where several films share titles like ‘Hera Pheri,’ ‘Dilwale,’ and ‘Dostana.’ Various organizations in India, such as the Film & Television Producers’ Guild of India (FTPGI), IMPPA (Indian Motion Pictures Producers Association), and WIFPA (Western India Film Producers’ Association), are commonly used to register film titles. However, registering a film title with such agencies only establishes priority in using the title and does not impact legal actions.
- The screenplay of a film is a key aspect eligible for copyright protection in the entertainment industry. It serves as a vital tool for conveying the unique narrative and distinguishing features of the film, encompassing detailed instructions for actors, scene descriptions, locations, cinematography, and other production processes. By registering the screenplay and script under copyright laws, filmmakers gain exclusive control over their creation. Additionally, film producers can adapt original books into films by obtaining consent from the authors and pay them through fees or royalties.
- Music, lyrics, and background scores play a crucial role in a movie and are subject to intellectual property rights in the entertainment industry. Previously, filmmakers could pay musicians and lyricists a fee to secure the rights to their creations under their production labels. However, following the Javed Akhtar vs Producer’s Guild case in 2010, lyricists and musicians have the right to claim copyright for their work and receive ongoing royalties instead of relinquishing the copyrights to the film producer in addition to the initial payment received.[2]
- Fictional character names can be registered as trademarks if they are also used as titles for movies or television series. Trademarks for characters like Sherlock Holmes, James Bond, and Harry Potter have been successfully registered internationally. Consequently, obtaining permission from the trademark owner is necessary for commercializing these characters.
Noteworthy Case Studies
T-Series vs Guruji.com
A significant legal battle concerning music piracy occurred between T-Series, a major music company, and the website Guruji.com. T-Series accused Guruji.com of exploiting its music and video catalogs. According to T-Series, users searching for music on Guruji.com were directed to a music player linked to various pirated music websites. Guruji.com quickly gained a reputation as a pirated music search engine. On July 16, 2008, T-Series issued a legal notice to the site. Guruji.com defended itself by claiming it was merely acting as a typical search engine, guiding users to music content. Ultimately, the court ruled that Guruji.com had to remove search engine links for music from its site. However, the site was eventually shut down in 2011, marking T-Series’ victory against copyright violators.
YRF v. Sri Sai Ganesh Productions[3]
In the legal dispute between Yash Raj Films (YRF) and Sri Sai Ganesh Productions, YRF released the film “Band Baaja Baaraat” in December 2010. Around December 2011, the plaintiff discovered that Sri Sai Ganesh Productions planned to remake the film in Telugu. Despite issuing two cease and desist notices, YRF received no response from the defendants. The court ruled that copyright in a cinematograph film exists independently of its supporting works, considering each component and the film as a whole as distinct works. There was noted substantial similarity in scenes and plot points between the two films. Additionally, it was observed that the phrase “to make a copy of the film” in Section 14 of the Copyright Act encompasses more than just physical duplication.
Sholay Media Entertainment v. Yogesh Patel[4]
In the lengthy legal dispute of Sholay Media Entertainment v. Yogesh Patel, the plaintiffs were the producers of the iconic film ‘Sholay.’ The defendants, members of the Patel Family, registered the domain ‘www.sholay.com,’ published a magazine under the same name, and sold various merchandise featuring scenes and names from the movie ‘Sholay.’ The lawsuit aimed to permanently enjoin the defendants from infringing on the plaintiffs’ registered trademark ‘Sholay.’ The Delhi High Court ruled that a word like ‘Sholay,’ associated with the title of such a celebrated film, deserves protection. Additionally, the court prohibited the defendants from using any images or clips from the film or selling products bearing the name ‘Sholay’ or featuring any images from the movie.
Conclusion
The examination of data pertaining to intellectual property rights within the Indian entertainment industry, alongside the cited cases, highlights the urgent need to prioritize the preservation and protection of originality and creativity in Indian media and entertainment. Utilizing effective measures to combat violations and uphold intellectual property rights is imperative. Undoubtedly, Bollywood has achieved remarkable success, with its movies generating significant revenue, followed by South Indian and regional cinema. This growth signifies a comprehensive evolution in filmmaking, covering various aspects. Movies such as Sarabjit, Queen, Dangal, and Bombay Talkies have left a lasting impression on audiences. However, this growth has also brought challenges, including piracy and copyright issues, which continue to threaten the success and popularity of cinema despite the enactment of stricter laws. Fortunately, new regulations and the emergence of organizations aim to preserve the originality of Indian cinema.
[1] http://www.ficci.in/pressrelease-page.asp?nid=3667
[2] AIR 1987 BOMBAY 339, (1987) MAH LJ 689
[3] 2019 (80) PTC 200 (DEL)
[4] CS (OS) 1714/2001