The Commodification Of Narrative Assets: IP Valuation Challenges And Regulatory Gaps In The Bollywood–OTT Ecosystem
- IJLLR Journal
- Dec 26, 2025
- 1 min read
Dr. Divya Prakash Pathak, Assistant Professor, ICFAI University, Tripura.
ABSTRACT
This study examines the structural barriers hindering accurate Intellectual Property (IP) valuation within the Indian creative economy, focusing specifically on the dynamic interface between Bollywood (the Indian film industry) and Over-The-Top (OTT) streaming platforms. The investigation evaluates the suitability of traditional IP valuation methodologies—Cost, Market, and Income (Discounted Cash Flow, Relief from Royalty)—against the backdrop of unique Indian market volatilities. Key challenges identified include the pervasive economic drag of digital piracy, estimated to cost the sector INR 224 billion annually; severe financial opacity; and systemic risk derived from fragmented rights ownership (chain of title uncertainty). Findings demonstrate that these factors necessitate the application of a legal uncertainty discount in IP pricing, evidenced by the observed 25–40% decrease in OTT acquisition costs for films compared to previous market highs. The analysis synthesizes comparative international practices, evaluates the impact of the Copyright (Amendment) Act 2012 on performer royalty liabilities, and critically assesses India’s proposed "One Nation, One Licence" AI royalty model. Recommendations propose mandatory digital chain-of-title registration and hybrid valuation frameworks tailored to integrate platform-centric metrics and celebrity volatility, positioning the sector to achieve its ambitious economic potential.
