Understanding the Legal Framework for the Protection of Cinematograph and Artistic Works under Copyright Law in India
Introduction
The Copyright Act of 1957 is the major legislation for copyright protection in India. It encompasses various works that are granted protection under it. Some important works protected under this Act include literary works, dramatic works, cinematographic works, musical works, and sound recordings.
- Cinematographic Work
Under Section 2(f) of the Copyright Act, “Cinematograph film” means any work of visual recording and includes a sound recording accompanying such visual recording. “Cinematograph” shall be construed as including any work produced by any process analogous to cinematography, including video films. According to Section 2(xxA), “Visual recording” means the recording in any medium, by any method, including the storing of it by any electronic means, of moving images or representations thereof, from which they can be perceived, reproduced, or communicated by any method.Thus, cinematographic work encompasses films that include moving visuals or images, and protection is granted for a period of 60 years. In the case of cinematographic works, originality is not a necessary prerequisite; however, the work should not infringe on the copyright of another work. Both the producer and the composer of music receive copyright, but the composer only receives copyright protection to perform the musical work of the film publicly. It is the producer who holds the majority of rights. The artist performing in the film only receives “performer’s rights.”
A copyright holder of a cinematograph work gets the following rights:
- a) The right to make a copy of the film.
- b) The right to sell or give any copy of the film on rent.
- c) The right to disseminate and broadcast the film to the public.
Cinematographic works are published through:
- a) CD, flash drive, DVD.
- b) Cable television.
- c) Cinema halls and multiplexes.
Legal Procedure for the Protection of Cinematographic Work
Important documents needed for registration are:- a) Form XIV
- b) Statement of Particulars (SoP)
- c) Two copies of the work (one copy if the work is published)
- d) Power of Attorney (if filing through an advocate or an individual other than the applicant)
- e) No Objection Certificate (NOC) or an agreement from various other persons involved in the creation of the work. This is not needed if the applicant is the sole creator of the work (in this case, the applicant needs to submit an affidavit, the details of which are provided later).
- f) NOC/Agreement from the publisher if the publisher is other than the applicant.
After submitting the important documents, a window period of 30 days is given to raise any objections. If no such objections are received within the said period, the application is duly processed. A separate application must be filed for every work, and the fee for each work is ₹5000.
- Artistic Work
According to Section 2(c) of the Copyright Act, “Artistic work” means:- a painting,
- a sculpture,
- a drawing (including a diagram, map, chart, or plan),
- an engraving or a photograph, whether or not any such work possesses artistic quality,
- a work of architecture, and
- any other work of artistic craftsmanship.
An important factor to note here is that the work should be original, and it is not necessary for it to possess artistic quality or merit. The artist is the owner of the copyright, but in the case of a photograph, the copyright belongs to the photographer. If it is a government work, then the government is the first owner of that copyright if no prior agreement has been made, and the same applies to works published under a public undertaking.
The artist possesses the following rights:
- a) To reproduce the work in any form they prefer.
- b) To change and experiment with the dimensions of the work.
- c) To showcase the work to the public at any time.
- d) To allow the work to be used in any cinematographic film.
- e) To make adaptations of the work.
- f) To issue copies of the work to the public that are not already in circulation.
The protection of copyright for published artistic work exists for 60 years after the death of the author, and in the case of joint authors, 60 years after the death of the last surviving author.
Legal Procedure for the Protection of Artistic Work
Documents needed for the registration of artistic work in India are:- Form XIV,
- Statement of Particulars,
- Statement of Further Particulars.
The form for registration can be filled out using both online and offline methods. Form XIV serves as a declaration form through which the applicant assures that they have made the required payment, submitted the communication letter, sent notice to various interested parties, and submitted the necessary proof for it.
The Statement of Purpose shall include the registration number, name, address, and nationality of the applicant, title of the work, class and description of the work, language of the work, and whether the work is published or unpublished, among other details.
Once the application is submitted, it is reviewed by the registrar, who may also conduct an inquiry. Once all the necessary checks are done, the registrar will enter the work into the register.
Authored by Vashvi Singh