Copyright Infringement And Cinematograph Films: A Study
- IJLLR Journal
- Apr 4
- 2 min read
Updated: Apr 5
Tanuj Juyal, Amity University, UP Amity Law School Noida
Dr. Deepika Prakash, Amity University, UP Amity Law School Noida
Tripti Juyal, Amity University, UP Amity Law School Noida
ABSTRACT
Copyright infringement in cinematograph films refers to the violation of the exclusive rights of creators, such as filmmakers, writers, and composers, through unauthorized reproduction, distribution, or performance of their works. With film content, including scripts, music, and visuals, being protected by copyright law, infringement can lead to legal consequences, including penalties and compensation claims. The rise of digital platforms has amplified the risks of piracy, urging the need for robust intellectual property rights enforcement in the film industry. Copyright issues often arise at various stages of filmmaking, such as script conceptualization, adaptation rights, and safeguarding final films from unauthorized copying. During script development, issues like story theft or unauthorized adaptations need careful attention, with creators often using tools like non-disclosure agreements (NDAs) to protect their ideas.
Case law, such as Zee Telefilms Ltd. v. Sundial Communications Pvt. Ltd., illustrates the importance of safeguarding confidential information during early stages. Furthermore, the acquisition of remake rights and respecting moral rights of authors are crucial in avoiding legal challenges. In India, although there is no explicit law distinguishing between ideas and their expressions, court rulings like R.G. Anand v. Deluxe Films and Barbara Taylor Bradford v. Sahara Media Entertainment Ltd. clarify that copyright only protects the expression of ideas, not the ideas themselves. This distinction plays a significant role in preventing unjust copyright claims, especially in instances of film remakes or inspiration.
Bollywood and Hollywood are frequently involved in mutual exchanges of ideas, with instances of similar themes across films, such as Memento (2000) and Ghajini (2008), highlighting the fine line between inspiration and infringement. Proper management of intellectual property rights, including securing remake rights and protecting titles under trademark law, is essential in maintaining legal compliance and preserving the creative integrity of filmmakers.
