This article is written by Kimaya Anavkar, a T.Y.LL.B. student at Kishinchand chellaram Law College.
Keywords: Intellectual Property, Entertainment Law, Copyright in India, Trademark Law, Bollywood IP Rights, Music Rights, Film Copyright.
ABSTRACT: In the dazzling world of Indian cinema and music, the real stars are often the ones you don’t see on screen. Intellectual Property (IP) rights form the invisible backbone of the entertainment industry, safeguarding everything from a film’s script to its title and iconic soundtracks. This article breaks down the essential IP concepts that every creator, artist, and fan should know. We will explore how copyright protects the heart of a story, why a film title is secured by a trademark, and untangle the complex web of rights within a single song. Understanding these fundamental principles of copyright and trademark law is crucial to appreciating the business behind the blockbuster hits and chart-topping music that define our culture.
INTRODUCTION: THE REAL STAR OF BOLLYWOOD IS IP
When we think of a blockbuster film, we think of the actors’ powerful performances, the director’s visionary storytelling, and the music that we can’t stop humming. But behind the scenes, long before the first shot is taken, the most valuable asset is already being created: Intellectual Property (IP). A film’s success, its ability to generate revenue through tickets, streaming, and merchandise, depends entirely on a strong and well-managed web of interconnected IP rights. These rights are the legal framework that allows creators to own, control, and profit from their creative works.
THE SCRIPT: HOW COPYRIGHT PROTECTS THE HEART OF THE STORY
Every film begins with an idea, but an idea alone cannot be protected by law. The protection begins when that idea is given a tangible form, and in filmmaking, that form is the screenplay or script.
- What is Copyright? Copyright is a legal right that grants the creator of an original work exclusive rights for its use and distribution. In India, under the Copyright Act, 1957, a literary work (which includes a screenplay) is protected from the moment it is written down. No formal registration is required for protection to exist, although registering the copyright provides stronger proof of ownership in case of a legal dispute.
- The Idea-Expression Dichotomy: It’s crucial to understand that copyright protects the expression of an idea, not the idea itself. For instance, the basic idea of a “love story between two people from warring families” is not protected. However, the specific plot, characters, dialogues, and scenes that an author writes to tell that story are protected. This is why we have seen numerous films based on similar concepts, but famous plagiarism disputes arise when the expression—the specific way the story is told—is copied.
THE FILM TITLE: WHY IT’S A TRADEMARK, NOT A COPYRIGHT
This is a common point of confusion. Can you copyright a film title? The answer is generally no. Film titles are considered too short to be granted copyright protection. So, how do producers prevent others from using the same or a confusingly similar title? The answer lies in trademark law.
A trademark is a sign, design, or expression which identifies products or services of a particular source from those of others. A film title acts as a brand name. Producers register their film titles with industry bodies like the Indian Motion Picture Producers’ Association (IMPPA) and can also register them as trademarks. This registration prevents other filmmakers from using a title that could confuse the audience and unfairly cash in on the goodwill of the original film. For example, once ‘Dhoom’ became a successful franchise, its title gained significant brand value, which is protected by trademark.
THE MUSIC MAZE: THE COMPLEX WORLD OF MUSIC RIGHTS IN INDIA
A single song in a film involves multiple layers of copyright, making it one of the most complex areas of entertainment law. Here’s a simple breakdown of who owns what in a typical Bollywood song:
- The Lyricist: The person who writes the lyrics holds the copyright for that literary work.
- The Composer: The person who creates the musical score holds a separate copyright for the musical work.
- The Producer: The record label or film producer who finances the recording of the song owns the copyright in the final sound recording. This is a separate right from the underlying lyrics and music.
This is why the issue of remixes and cover versions can be legally tricky. To create a legitimate remix, one needs to obtain licenses from the owners of both the lyrics and the musical composition. Simply having permission from the record label (owner of the sound recording) is often not enough.
CONCLUSION: WHO OWNS WHAT?
To successfully produce, distribute, and monetize a creative project in the entertainment industry, a clear understanding of IP is non-negotiable. It is the legal shield that protects creativity and ensures that artists are rewarded for their work.
To summarize:
- The script and the song lyrics are protected by Copyright as literary works.
- The musical score is protected by Copyright as a musical work.
- The final film and the recorded song are protected by Copyright as a cinematograph film and sound recording, respectively.
- The film title is protected by Trademark law as a brand identifier.
For any aspiring writer, musician, or filmmaker, recognizing these rights is the first step toward building a successful and legally secure career in the vibrant world of entertainment.
FREQUENTLY ASKED QUESTIONS (FAQS)
Q1: Can I use a famous movie dialogue on a T-shirt I want to sell?
A: This can be risky. A short, iconic dialogue might be protected by copyright as a substantial part of the script. Furthermore, if the dialogue is strongly associated with the film (e.g., “Kitne aadmi the?”), it could also be protected as a trademark. Using it for commercial purposes without permission could lead to infringement claims.
Q2: If I sing a cover of a popular song and upload it to YouTube, is that legal?
A: Simply uploading a cover version can be a copyright infringement. To do it legally, you generally need two licenses: a “mechanical license” to reproduce the song and a “synchronization license” to pair the music with a video. While some platforms have agreements with music labels that may cover certain uses, it’s a legally grey area, and creators should be cautious.
Q3: My friend and I wrote scripts with the exact same idea. Can I sue him for copyright infringement?
A: You likely cannot. Copyright law does not protect ideas, only the unique expression of those ideas. If your scripts have the same basic concept but different characters, plot developments, and dialogue, there is no infringement. Infringement would only occur if your friend copied the specific way you expressed that idea.
Q4: Why do producers rush to register film titles even before the film is made?
A: Producers register titles early to secure them under trademark law. A good title is a valuable marketing tool and a brand identifier. By registering it, they prevent competitors from using a similar or identical title that could confuse the audience or dilute their film’s brand identity in the future.
