Safeguarding Creative Expression: Legal Dimensions Of Copyright And Emerging Challenges In The Media And Entertainment Industry
- IJLLR Journal
- Jun 5
- 1 min read
Sharen M Sam, B.A. LL.B., Government Law College, Thiruvananthapuram, Kerala.
Namitha Udayan, B.A. LL.B., Government Law College, Thiruvananthapuram, Kerala.
ABSTRACT
Aim: The purpose of the paper is to delve into the meaning of copyright in the media and entertainment industry and to address the challenges posed by it, coupled with suggestions to overcome the same.
The media and entertainment industry is intrinsically tied to intellectual property rights, particularly copyright, which serves as a vital tool for protecting creators and their works. While the Copyright Act, 1957 plays a crucial role in safeguarding artistic expressions, the rapid evolution of technology and digital platforms presents significant challenges. Issues such as confidentiality breaches, digital piracy, and the rise of streaming platforms have amplified the complexity of copyright enforcement in the entertainment sector. Moreover, the emerging use of Artificial Intelligence raises new legal questions about authorship and fair use of content.
A key concern is the overlap between copyright and confidentiality laws, wherein confidentiality breaches often occur without traditional copyright infringement. Additionally, the moral rights of actors remain underexplored, despite their significance in ensuring the integrity of performances. Copyright societies face challenges in royalty distribution, with the advent of digital media requiring updated frameworks to ensure fair compensation for creators.
The paper suggests several recommendations to address these challenges. Improving transparency and accessibility in the copyright registration process, amending international conventions like the Berne Convention to accommodate AI’s implications on copyright, and enhancing Indian copyright law to incorporate actors' moral rights. These reforms would help foster a balanced ecosystem where creators, performers, and the public benefit equitably from the flourishing media and entertainment industry.
