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A Study On Copyright Infringement In Cinematograpgy




Akshaya R, Assistant Professor & Research Scholar, VISTAS

S.R. Varsha, BBA LLB (Hons), VISTAS


Introduction:


The film industry is a multi-billion-dollar sector in which original creative expression is essential. Nevertheless, the rights of content creators, producers, and filmmakers are threatened by the escalating prevalence of digital piracy, plagiarism, and copyright infringement. Cinematographic works are legally safeguarded by copyright law, which guarantees that their creators possess exclusive rights to reproduce, distribute, and adapt their content. In India, the Copyright Act, 1957 governs copyright in films, and international treaties like the TRIPS Agreement and Berne Convention bolster protection. Issues such as unauthorized remakes, digital piracy, and disputes over ownership rights continue to exist in the industry, despite the existence of these legal frameworks. The emergence of OTT platforms has also presented new obstacles, as films are unlawfully leaked on torrent websites, resulting in financial losses for production houses. Additionally, there are numerous high-profile legal disputes that have arisen as a result of the legal gray area that exists between inspiration and plagiarism. This investigation investigates the legal obstacles, landmark cases, and potential solutions to enhance copyright enforcement in the digital era, as well as the preservation of copyright in cinematography.


Indian and International Perspectives on Copyright Protection


For Cinematic Works Copyright law is essential in safeguarding cinematographic works, guaranteeing that filmmakers, producers, and creators maintain exclusive rights to their content. The Copyright Act, 1957, administers film-related copyrights in India, providing creators with economic and moral rights. Cinematographic films are protected against unauthorized reproduction, distribution, and adaptation and are considered original works, as stipulated in Section 13 of the Act. Internationally, films are safeguarded by the Berne Convention (1886), which provides automatic copyright protection in all member countries.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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