BOLLYWOOD AND THE INTELLECTUAL PROPERTY RIGHT

What is IPR?

Intellectual Property could also be a general term used for a gaggle of intangible assets owned by an individual or company. An IP asset aims to provide equivalent protective rights because the other property, thanks to its ability to provide companies with equivalent competitive advantages. It’s now become even more important during a web-based environment, as doing replication of any unique design, logo, or feature is comparatively easier than ever before.

Different Types of Intellectual Properties Right:

  1. COPYRIGHT

It secures a tangible kind of expressions like music, painting or a book, it doesn’t shield the thought, but how the thought is expressed.  Copyright registration is one of the foremost widely used IP right granted to the authors for his or her original creative work including both published and unpublished work.

  1. PATENT

A patent is used for preventing unique creation from getting used, sold, by another party for a gaggle period of your time. In short, a sovereign authority grants the IP right to the inventor after evaluating its feasibility.

  1. TRADEMARK

It includes the name and identifying logo or design that an organization or individual uses to differentiate itself from his rivals. This unique design or symbol makes it easy for a customer to easily identify with products and services and connect with the brand value of the business.

Bollywood in Reference to IPR:

The Indian media and entertainment industry has developed by leaps and bounds in terms of content generation, number of outlets and employment of advance technology. However, once we mention content generation and its delivery what proportion are the contents original and therefore the way much can we make sure that the principles and regulations of the property Rights (IPR) are adhered to in its making. IP rights could also be a serious safeguard against any quite infringement of the originality and thus the creativity of the manufacturers.

No doubt the media and entertainment industry may be a crucial segment of Indian economy and is estimated to grow at a CAGR of 14.3% to the touch Rs 2.26 trillion by 2020 ( IBEF Report April, 2017). alongside the success stories of healthy growth and expansion of the Indian media and entertainment industry comes the problem of its adherence to legal and ethical norms and therefore the way far has the media been successful in complying with them.

Intellectual Property Rights (IPRs), Cyber laws and IPRs laws like copyright, trademark etc.pose a challenge to the Indian entertainment industry. Such violations are the negative aspect of the functioning of the Indian media industry and further increase its dysfunction. As a neighborhood of the Asian entertainment industry, India has many instruments to unravel these disputes like Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR).Organizations a bit like the U.N. have a subsidiary body called the earth property Organization (WIPO)

PROTECTING IPR WITHIN THE FILM INDUSTRY

Although IPR risks can never be completely eliminated and avoided within the film industry, the steps mentioned below are often adopted for enhancing the efficacy to mitigate potential risks:

  • Identifying all risks, probability, impact, and countermeasures.
  • Conducting regular trademark audits to identify the marks which are currently in use and thus the unregistered ones.
  • Formulating IP protection program.
  • Identifying IP and ownership according to legal laws and principles.
  • Issuing social media policy encapsulating the use of logos and copyright materials.
  • Including an thorough review of terms and conditions within the official agreement with any third party.
  • Setting up instant response procedures to mitigate potential risk if IP is infringed or abused.

COPYRIGHTS PROTECTING THE RIGHTS OF CREATORS

Among all other property Rights, Copyrights are considered because the backbone of the filmmaking enterprise. Copyrights protect the rights of creators or owners by preventing unauthorized use of their original works. an extended list of credits at the highest of the movie is given to urge slightly of the quantity of people involved within the whole process. Nevertheless, it is a sophisticated, collaborative endeavor giving rise to varied layers of IP rights like different elements of production like screenplay, music, direction, and performances.

Throughout the entire process of filmmaking, producers negotiate different agreements that outline how IP Rights are getting to be used and remunerated, arising from multiple creative contributors. These agreements, mentioned as “chain of title documentation”, are supported under the Copyright Law and jurisprudence.

TRADEMARKS

Like in other businesses, Trademarks also feature prominently within the art of filmmaking. Movie studios use trademarks to secure their movie title, key characters and film elements like Harry Potter, Bond, then forth. By registering these film elements as trademarks, licensing, and merchandising agreements offers aid in defraying costs involved in film production, and promotion.

TECHNICAL EQUIPMENT AND INNOVATION

As the process of filmmaking is all about innovation, a superb deal of technical equipment is required to make a movie. The camera and other equipment required for lighting, editing, sound, special effects are a few of technological breakthroughs that are given Patent Protection.

INFRINGEMENT AND PIRACY

The ill-effects of property Rights within the worldwide film industry aren’t a replacement thing to explore. Albeit many countries across the earth have banned the use of peer-to-peer sharing websites, pirated movie content remains available freely[ii].Additionally, the distribution of counterfeit products like movie CDs still is a threat because of their simple availability. Another area that has been neglected for quite awhile now’s not giving due credit to the primary owner. Although the film industry has taken initiatives to increase awareness with the help of social media platforms during this digitally interconnected world, people are still using and spending someone else’s work as their own creation.

IPR and its importance in media and entertainment

It is essential to know the importance of IPR laws. The Indian entertainment industry has shown tremendous growth; it’s expected to grow even more in coming years.

The major reason behind this growth is undoubtedly the creativity in content, like it is kind of often said that “Content is that the King”. The whole entertainment industry is based on this element of creativity that it can feel proud. Hence, it is vital to remain intact and uphold this element of creativity which forms the thought of functioning of the entertainment industry. this is often where IPR laws become all the more important because the only guardian of one’s indigenous and artistic work, so as that the entertainment industry can function smoothly and thus the artists can get the due credit and recognition for his or her original piece of labor.

It is only such laws or judicial mechanism exist within the society which they’re actively enforced that a clever mind is free to unleash its imagination and to bring out a masterpiece of creative art. Indian films have always acted like torch bearers while showcasing various social concerns and issues and trying to garner popular support. However, it becomes essential that there should make certain strong laws to safeguard the originality and creativity of the manufacturers and therein case the protection of IP rights assume tremendous importance.

Currently , the Ministry of knowledge and Broadcasting is going to acknowledged a ‘Copyright Board’ which may ensure firm implementation of property rights laws within the Indian entertainment industry, especially the film industry. It’s already started discussions with the Ministry of Commerce and Industry to work out modalities for the new board.

Infringement of Copyright and Piracy

Major Indian players have close and formed the Alliance against Copyright Theft (AACT) to fight piracy. The alliance has Reliance Big Entertainment, Moser Baer Entertainment, UTV Motion Pictures, Eros International and thus the Movie Producers and Distributors Association (MPDA) as its members.

Legal Framework for Countering Counterfeiting and Piracy

The Indian laws governing property rights (IPRs) are compliant with the earth standards began within the TRIPS(Trade Related Aspects of property Rights). The Copyright Act provides for both civil and criminal remedies just in case of infringement of copyright. The police have the power of search and seizure to the advantage of the IP owners in cases of infringement of copyright. Even the judiciary has proactively taken steps to curb piracy, by imposing punitive damages on offenders in civil matters and granting injunction in qua timed (anticipatory) actions. to form sure speedy delivery of justice in IP infringement matters, the Supreme Court of India has directed all subordinate courts in India to form a choice IP disputes within four months.

The property Rights (Imported Goods) Enforcement Rules, 2007

The Intellectual property Rights (Imported Goods) Enforcement Rules, 2007 (IPR Border Rules) empowers the Central Government to ban the import of products that infringe IPRs. There has been a notification effective since January 18, 1964, prohibiting import of products infringing trademarks and elegance. The new IPR Border Rules expand upon the subject of the 1964 notification and prohibit. The import of products infringing patents, copyrights and geographical indications. For the graceful implementation of the evolving IPR regime, the IPR Border Rules also stipulate the establishment of an IPR Cell at each Customs House which is vested with the responsibility of verifying the applications, providing web-enabled registration formalities and corresponding with the danger management division and other Customs bodies

The MPDA, Goonda Acts and other efforts

The Maharashtra government had notified an ordinance to curb audio-video piracy, prescribing preventive detention and equating IPR pirates with drug offenders under the Maharashtra Prevention of Dangerous Activities (MPDA) Act, 1981. The MPDA allows the police to place offenders or potential offenders in detention for as long as 3 months without bail, and up to a maximum of 12 months. The power of preventive detention has been found to be constitutional, but is subject to strict procedural safeguards. Additionally, the States of Tamil Nadu, Karnataka and Andhra Pradesh also equate pirates and counterfeiters, interalia, with bootleggers and drug offenders and punish them with imprisonment up to a maximum of 12 months under the respective applicable State laws, which are colloquially mentioned because the ‘Goonda Acts’. It’s notable to mention the efforts made by the Tamil Nadu police in combating piracy and identifying and investigating piracy related cases.

Copyrights Laws in India

The Parliament passed the Copyright (Amendment) Bill, 2012 that was aimed toward bringing the Indian copyright laws to the international level and in compliance with the earth property Organization (WIPO) treaties just like the WIPO Copyright Treaty (WCT) and thus the WIPO Performance and Programmer Treaty. (WPPT)

  • Amendments within the proper to artistic work like cinematograph films & sound recordings.
  • Amendments in compliance with WCT and WPPT.
  • Amendments within the mode of a grant of license and assignments.
  • Safeguards against internet piracy.

Protection to Remix Makers under the Copyright Act

According to section 51 of the Act, if an individual infringes the right conferred upon the owner of the copyright, it shall be noted as an infringement. However, it’ll not amount to an infringement if:

  • A person copies musical work, artistic work, or the opposite work by giving a previous notice of his intention and pays advance royalty to the owner of the primary work. a touch like within the case of making the remix songs, royalties are paid to the author beforehand.
  • The new work must not be marketed with labels or packaging which can mislead the overall public about the identity of the artist.
  • The new work should not be made until the expiration of two years after the highest of the year during which the primary work was made.
  • The author of the primary work should tend the right to look at all the books of account related to the new work.

Cases of IPR Rights Violation

Case 1: Kunal Kohli vs. Jyoti Kapoor

Kunal Kohli ,who is documented for creating some excellent films like “Faana” and “Hum Tum”, recently faced allegation against his movie “Phir Se” that he finally had no other choice but choose an out of the court settlement . The movie was his debut movie as an actor. It was alleged that the primary story and script belonged to Jyoti Kapoor, and thus the story of the movie was copied from her script. The story of the movie was allegedly plagiarized. However, negotiations didn’t compute and thus subsequent thing i do know is that the striking similarity within the script I submitted and thus the film he announced.”

The Supreme Court had issued an interim stay order on the discharge of the movie after allegations leveled by Jyoti Kapoor regarding similarities within the script of two movies, “Phir Se” and “RSVP, and Indian Entertainment element of creativity and talent.

Unfortunately after an extended legal battle, Kunal didn’t prove that his screenplay was original. As a results of which the Bombay supreme court asked him to travel for a settlement. But bad luck followed because the movie couldn’t reach the theatre screens.

Case 2: Twentieth Century vs. Sohail Maklai Entertainment

Bollywood is typically accused of committing IP offences mainly within the type of infringement of copyright cases where we discover numerous Indian movies either supported Hollywood films or they’re the remake of popular south Indian movies. Such issues cast a deep shadow regarding the protection of IP rights within the entertainment industry. In 2010, a suit was filed by Twentieth Century against Sohail Maklai Entertainment for the unauthorized and unlawful remake of Twentieth Century thriller named phone booth into a Hindi film named Knock Out. A court in India ruled that Bollywood had violated the copyright laws and awarded a relief of $340,000 as damage to the 20 th Century by Sohail Maklai Entertainment. Such attempts haven’t only compelled the Indian film makers to pay heavy prices as damages and compensation to the internationally acclaimed film makers but features also brought a nasty name to the Indian film industry which still features a few talented and artistic film makers.

Conclusion

After analyzing the pattern of varied IP regimes in India considering movie titles and characters, it are often deduced that while copyright law protects movie titles under its aegis, trademark law doesn’t attribute any protection to them. The critical analysis of facts related to the violation of IP rights by the Indian entertainment industry and thus the few cases cited make it clear that time has come to supply a big thought to the problem of maintaining and safeguarding the element of originality and creativity within the Indian media and entertainment industry. It is important to make optimum use of devices that help fight the cases of violation and safeguard property Rights. it is also been seen that lack of knowledge about IP rights is additionally a drag, which needs attention. There is a requirement to know more about IPR laws because it protects an honest spectrum of intellectual properties. All people who belong to the industry must safeguard the originality and creativity of content, raise awareness about the IP laws, discern the numerous kinds of infringement and thus the modifications incorporated within the law and their implications if the industry is to remain healthy.

In a nutshell, the film industry’s most precious asset is property, which can be protected by copyrights, trademarks, patents, and thus the proper of publicity for distribution deals. As a majority of terms during this industry, including songs, scripts, and choreographed works affect the priority of ownership, the integrity of property Rights must uphold despite the challenges and risks faced

 

 

 

 

 

 

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