Written by Amitesh Paul, the author is a Law student pursuing BBA.LLB. from Symbiosis Law School, Hyderabad.
Have you ever wondered about what happened to popular music hits like 'Ye Fitoor Mera' released by Zee Music Co. on streaming platforms like Spotify and Gaana?
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Were you aware that 'Dharma Productions' is a trademark owned by Karan Johar?
Moreover, blockbuster film titles like 'Sholay' have been misused by companies for financial gain.
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Even Amir Khan's hit 'PK' faced charges for allegedly copying Quim Barreiro's album cover. All these incidents are linked to the vital role in the licensing of Copyright and Trademark Laws in the music and film industry.
Introduction
Intellectual Property Rights (IPR) play a key role while making any movie. From the writing of the script to the main screen, IPR has an impact on every step of filmmaking. Making a movie is a difficult endeavor that requires the contribution of many people such as, directors, actors, singers, and many others. Considering the influence media has on society, it is important to protect the timeless hours of work and dedication put in by the creators, which can be achieved by employing the use of Intellectual property rights. Copyright and trademark are two key subtopics of Intellectual Property Rights in the media and entertainment industries.
Copyright is a legal right which is granted to the creator of an original work such as literary work, music compositions, films, artwork and other stuff. It provides the creator with exclusive rights in displaying, creating, performing and sharing works based on their original work. It prevents others from using or reproducing the work without permission from the creator or the rightful owner. Copyright protection exists until the lifetime of the creator and a certain number of years.
Trademark is a distinctive sign, symbol, name, word, logo, or combination thereof that identifies and distinguishes goods or services of one entity from those of others. This form of IPR helps in signifying brand recognition and customer trust. When a corporation or individual registers a trademark, they acquire the exclusive right to use that mark in connection with certain goods or services within a defined industry or category. Trademark protection enables the owner to prevent others from using a confusingly similar mark that could lead to customer misunderstanding. In contrast to copyright, trademark protection is indefinite as long as the mark is being utilized and legally renewed.
Trademark and Copyright laws in India
In India the laws governing copyright infringement are stated under the Copyright Act of 1957. The act aims to provide for the protection of creating works such as musical compositions, films, sound recordings, literary works, artistic works, and more. Considering that the entire media and entertainment industry is built on creativity, copyright protection becomes key in safeguarding such work and preventing it from being copied. Similar to copyright, trademark is an Intellectual Property Right which marks the unique identities of a product or service such as musicians and bands trademark their stage names, band names, or logos. In India, Trademark law helps with protecting the song titles, film titles and the provisions are being invoked by writers and musicians and film producers and directors to gain reputation and give more brand value to their music and films.
Trademark serves as a mark or a sign that differentiates the goods and services of organization from another. In music sector, the brand names such as Aerosmith, Bon Jovi are trademarked. Bands can also trademark their merchandise such as albums, t-shirts or any other products. Acquiring a trademark gives a band sole and exclusive rights to use that name and gather greater crowd control over its identity. Like in the case of the deal between Spotify and Zee Music Co. Trademark can also help secure additional sources of revenue through licensing, and when such a deal falls out then it will cause losses to the company acquiring the license.
In India, the title of a film can be registered and protected under the Indian Trademark Act, 1999, in Section 41 of chapter 4 of the Trademark Rule, 2001. Filmmakers all over the world deliberately choose original and different titles to ensure that their films are popular and profitable among all types of spectators since the name or title of a film is crucial in establishing its identity and attracting people. This association not only brings families to the theatres, but it also builds the bond with the film's makers. Copyright Law is an important instrument used in the entertainment industry to protect a creator’s original work. In todays growing world of ever-increasing technology, invertedly leads to increase in piracy and theft of original work which results as a loss to the creator. Hence, In the entertainment industry, the owner must have exclusive rights to the work or content.
Indian courts have ruled out guidelines to asses and determine which works can be protected under Indian Copyright Law. The guidelines also specified the works for which an owner can seek damages. It was seen in the 2003 case of Zee Telefilms V. Sundial Communications Private Ltd. where the Bombay High Court laid down two important parameters to test the case of copyright infringement. Firstly, if the impression generated in the minds of the viewers is considered, and if it can be deduced from the said impression that the later work is piracy of the creator's original work, then the act constitutes copyright infringement. The second test analyses the importance of the copied or pirated section on the rest of the work. If the remaining work can be sustained without the pirated part, there is no copyright infringement; however, if the copied part is so integral that the entire work loses meaning if it is removed, there is copyright infringement and damages must be paid to the original owner.
In India, technology is advancing at a rapid rate, and the world has entered an age of virtual and instant contact. Copyright piracy is an undeniable fact that exists all throughout the world. Piracy is commonly characterized as the duplicate or unauthorized use of the owner's original material, which is protected by copyright laws, without their agreement or approval. It can include the creation, distribution, and importation of original art. The owner or originator of the work receives several privileges, including exclusive ownership of the material. He has the right to publish, translate, distribute, sell, and perform publicly.
Another instance where we can see an allegation made by Bollywood was in the 2009, where the Bengali film ‘Poran Jaye Joliya Re’ was accused of plagiarising or copying the storyline of ‘Namaste London’, a Bollywood hit. It was ruled by the Kolkata High Court that the Bengali film is valid and not plagiarized since it was not a word-by-word copy of the entire Hindi film.
Conclusion
Copyright and trademark laws play an integral part in safeguarding the creative works and intellectual property in the media and entertainment industry. These laws provide the required protection to artists, musicians, filmmakers, production houses, and businesses, in ensuring their work and brand identities are respected, valued, and rewarded. The film and music industries are diverse and dynamic realms, where innovation, creativity, and originality flourish, captivating audiences and shaping cultural landscapes worldwide.
Copyright laws safeguard the heart and soul of musical compositions and performances while also letting artists benefit from their copyright licenses. Similarly, in the film industry, copyright rules safeguard the vision and efforts of directors, writers, producers, and other skilled contributors by extending to screenplays, film scripts, soundtracks, and the total cinematographic works. Filmmakers can register and protect their distinctive film titles as trademarks, giving their works individual identities and preventing unauthorized exploitation. Copyright and trademark laws are the core of any film or music in the entertainment industry. These IPR laws safeguard and help in promoting creativity, preserving heritage and originality while also promoting innovation and allowing for the Artist to benefit from these by having exclusive rights and licensing.
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