Copyright in Cinematograph Films

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COPYRIGHT IN CINEMATOGRAPH FILMS

Presentation At Asian Academy of Film and Television

October 6, 2004

©2004 LEX ORBIS

Part - I

October 6, 2004

©2004 LEX ORBIS

2

Contents
Idea – Expression Dichotomy Meaning of Copyright What do you protect Meaning of the “work” Works in which Copyright Subsist What is a Cinematograph Film Who is the owner of Copyright Owner in Cinematograph Film It is complex to ascertain the copyright in Cinematograph Film October 6, 2004 ©2004 LEX ORBIS 3

Let Me Show You Something….
Idea To Advertise a car Expression Accord
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In Other Words…… there can be one idea but many ways to express it…. Idea Photo graph of an Iceberg Expression Photo- Ice Berg Iceberg Iceberg2 Iceberg3 October 6, 2004 ©2004 LEX ORBIS 5

The “Idea” – “Expression” Dichotomy
No one can claim monopoly in the idea Why Idea until and unless expressed is of no use There can be one idea but thousands of ways to express it Remember you may have a great idea, but without small realization to express it in the best possible manner – it’s of no use October 6, 2004 ©2004 LEX ORBIS 6

A Singular Truth Exists in the Movie Industry:
“If you can't protect what you own, you don't own anything.” Therefore what is more important is that you protect your possession

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But…..what should be kept in mind here is ……..
“The primary objective of copyright is not only to reward the labor of authors, but to promote the Progress of Science and useful Arts. To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work.” October 6, 2004 ©2004 LEX ORBIS 8

What do you Protect
Copyright offers a wide protection to: original works of authorship and includes literary, dramatic, musical, artistic works, and cinematograph Films

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For Example
“Devdas” – a classic novel written by Saratchandra Chattopadhyay in 1901 and published in 1917 First Film in which made was in during 1930’s Second Film was produced in the year 1955 The Third film in the year 2003 Is there an infringement of Copyright of the novel here?? October 6, 2004 ©2004 LEX ORBIS 10

Barbara’ Story
Barbara the writer of the famous novel – A woman of substance Filed a suit against Sahara Alleging that the making of the serial - Karishma - The Miracles of Destiny Is the copy of her work The courts rejected the plea and instead ordered Barbara to pay 1.5 lakhs per week for delay of the serial

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Inspiration may lead to infringement….
Reservoir Dogs — Kaante Pretty Woman — Sadak West Side Story — Josh I Know What You Did Last Summer — Kuch To Hai Bodyguard — Angrakshak Cape Fear — Darr The Parent Trap — Kuch Khatti Kuch Meethi Bangkok Hilton — Gumraah Eye For An Eye — Dushman My Best Friend’s Wedding - Mere Yaar Ki Shaadi October 6, 2004 ©2004 LEX ORBIS 12

What is “Work”
Specifically defined in the Copyright Act

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Works in which Copyright Subsist
Copyright Subsist in:
Literary Work (including Computer Software) Dramatic Work Artistic Work Cinematograph Film Sound Recording Architecture etc

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How Does the Act Defines It…
The Act says: any work of visual recording on any medium through a process from which a moving image may be produced by any means And it includes Sound Recording / any work which is analogous to the film ©2004 LEX ORBIS 15

October 6, 2004

Owner of the Copyright
Just like tangible property, intangible property also has an owner The owner of the Copyright in the Cinematograph is the “PRODUCER” of the film

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Conclusion
Not ideas but expression of ideas can be copyrighted. The motive behind copyrighting the work should not be...
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