Introduction

India’s large population necessitates the adoption of laws that safeguard individuals’ rights and prevent cheating.

Intellectual property is defined as the rights granted to a creator so that their ideas or creativity cannot be duplicated by others unless the publisher/creator grants permission to the individual. Special privileges to works, like inventions, music, and literature, are intangible and cannot be copied without mutual consent or production by the same individual. This is particularly relevant in the film business. Many examples have been reported in which their works have been plagiarised. So, to avoid these forms of piracy, numerous types of laws have been made so that in the future, if any kind of trouble is encountered by any artist, suitable legal action may be taken, such as -:
• Copyright law
• Trademark law
• Patent law
• Design
• Celebrity rights

Copyright ©️ law

Section 14 of the Copyright Act provides a basic explanation of copyright. They summarise it as exclusive ownership of the content or work. Copyright law protects several categories, including literary, musical, theatrical, and certain artist works like poetry, novels, movies, songs, and so on. The amount of competitiveness in the film business has raised concerns among lawmakers in order to avoid duplication and exploitation of their creations. However,

in India, no legislation requires the registration of copyright. However, it has frequently been observed that it assists the plaintiff in obtaining prompt redress during a court dispute.

Copyright protection benefits the media and entertainment industries in numerous manners. However, in order for this law to be effective, it must be reflected in a material form. The copy should be genuine and not be considered small actionable for infringement in court. If the two works are the equivalent but presented in different formats, no infringement will be called. Many judicial cases suggest that copyright registration should be mandatory to benefit from criminal or civil remedies. The similar case that shows the copyright registration was of Dhiraj Dharamdas V/s M/s Sonal Info System Private Limited (2012)1.

The Bombay High Court has presided that irrespective of whether the person who violated the rights is aware that there is a specific owner of a copyright in India or unless that owner had licensed his intellectual property under Section 44 of the Copyright Act prior to he attempted, attributing violation to him or on his part, intentionally or unintentionally, would be unreasonable. During the proceeding of Krishika Lulla and Others vs. Shyam Vithalrao Devkatta and Others, the defendants pointed out against copyright protection for the movie title “Desi Boys,” but the court emphasised the legal fundamental principle of “de minimis non curat lex,” which implies that the law has nothing to do with itself with minor issues. The court refused copyright protection to movie titles, deeming them too tiny and insignificant to merit legal protection under copyright law.

Trademark law

Trademarks play a crucial role in branding and marketing of any entertainment products or services. A trademark can be defined in many ways, but to describe or explain in a precise way, it can be any recognisable sign or symbol or any expression that differentiates between the different goods and services from each other in the market.

A trademark can be in any way, like a slogan, colour, sound, ,logo ,word or any colour combination. In the entertainment industry, trademarks have been seen as an important or crucial way for building and propagating brand identity.

Patent law

Patents may prove filed for creative innovations, techniques, or devices with practical uses in the development, production of cells, or distribution of entertainment material. As an instance, the innovation of new sound or visual effects technology, as well as the production of digital streaming services such as Netflix, may be patentable. Patents provide innovators with exclusive privileges to their creations for a short time, enabling them to monetise their breakthroughs while preventing others from exploiting or benefiting from their concepts lacking permission.

Design

Design registration (The design act of 2002) helps to protect the ethnicity, sign, ornamentation, arrangements, size, and how it may be used on the goods. This registration not only assists the entertainment business in safeguarding chosen products but also helps to market the design that it solely possesses. Design plays a crucial function; sometimes it becomes a brand and helps to earn them money, and sometimes it becomes their trademark, goodwill, and which results in collecting the royalties.

In a nutshell, it safeguards unusual design concepts that are intended to be commercialised, improved, or enriched for their decorative qualities. The Design Act controls every circumstance.

Celebrity Rights

Celebrities include actors, actresses, models, authors, players, writers, comedians, politicians, and athletes who have gained popularity and become the face of industries and brands through advertisements. People sometimes assess the quality and importance of the brand based on the face of the celebrity. These celebrities are so famous that they have the power to influence people’s points of view. They have large followers; that’s why they can affect any individual professionally or any other person in many different ways.

It signifies rights such as the capacity for publicity, which prevents a person’s physique and comparison from being exploited on a commercial basis without first authorisation or legally binding reimbursement, as well as the right to privacy, which allows one to remain isolated and avoid having their individuality generally represented without additionally approval.2

Technological Innovations

Throughout the production of movies, the cinematographer, in addition to illumination, modifying, soundtrack equipment, and special effects apparatus, are critical technical components. The entertainment sector is distinguished by continuous innovation, since innovative individuals always seek improved and novel approaches to broaden opportunities. Patents perform a vital part in safeguarding many of these technical advances. The film business has evolved significantly since the two brothers Lumiere and Thomas Edison initially introduced motion pictures.

Intellectual Property Rights

Infringement in the entertainment industry as well. Undoubtedly, the film industry has accomplished unprecedented accomplishments in the Indian film business, established fresh standards, and made significant revenues. This achievement stretches to the southern Indian along with regional film sectors, promoting general expansion throughout all aspects of cinematography. While authors seek money for screenplay development, they frequently discuss their concepts with several parties. Copyright law defends manifestations of ideas rather than the ideas themselves, which must be stated in tangible forms with sufficient clarity to meet the requirements for protection. A particular conception or notion document might give rise to several descriptions, each of which may be protected under copyright. To protect concept notes or ideas, authors are generally dependent on confidentiality agreements.

Conclusion

Intellectual property rights are created to ensure the safety of each and every individual in the media and entertainment industries. Demand for the law has raised because of the vast population and number 1 in the world in both media, entertainment, and population. The legislature has tried their best to safeguard the media and entertainment in safeguarding the patents, trademarks, designs, celebrity rights. But it doesn’t tie the individual to register their creativity. But in many cases, it has been seen that the registration helps the judicial to give the speedy justice.

Furthermore, adopting measures described in the IPR Regulation to prevent piracy involves real-life challenges. Despite the fact that a trademark lacks registration, it is protected under both traditional law and the Trademarks Act of 1934. The copyright within the nation doesn’t require the application process, yet establishing control over unlicensed intellectual property privileges continues a typical challenge for owners of rights. Celebrity rights, which are crucially protected by the concept of “significant resemblance,” are becoming more under threat and regularly need court intervention.

Author: Shruti Chaturvedi 

References

¹ Dhiraj Dharamdas V/s M/s Sonal Info System Private Limited 1076/2011

2 Aditi sharma ,jotwani associates, intellectual property rights and the Indian entertainment industry: An overview,( September 23,2024, 08:46pm) https://jotwani.com/intellectual-property-rights-and-the-indian-entertainment-industry-an-overview/

Kumar Nishant, manupatra , From script to screen: Navigating IPR in the Entertainment Realm,(September 23 ,2024, 08:46pm) https://articles.manupatra.com/article-details/From-Script-to-Screen- Navigating-IPR-in-the-Entertainment-Realm

Yellow bricks, Understanding Entertainment Industry IP Laws: A Comprehensive Overview, (September 23, 2024, 08:46pm) https://www.yellowbrick.co/blog/entertainment/understanding-entertainment-industry- ip-laws-a-comprehensive-overview