Intellectual property rights play a significant role in the production of any film. From script to screen, IPR influences each step of the filmmaking process. Film creation entails the coordinated efforts of the producers, singers, actors, directors, screenwriters, and a host of other essential entities and constitutes a somewhat complicated process. As an expansive field that has a substantive effect on our lives, the media requires some degree of protection for the work of its contributors. The media can get this protection via intellectual property.
Intellectual property rights not only offer security from illegal duplication or use but also fetch goodwill and different ways to earn money from them. Diverse benefits can be obtained by registering specific and authentic ideas under separate acts of intellectual property laws.
This article walks us through the specifics of Intellectual Property Rights, and its role in the film industry.
Overview of IPR
IPR, an acronym for intellectual property rights, offers monopoly rights to artisans for their original and innovative ideas. These rights protect the creativity of people’s minds. Coming up with new and one-of-a-kind ideas such as an invention, a design, or a manuscript, falls under the umbrella of intellectual property. Patents, designs, copyrights, trademarks, and geographical indications comprise the branches of intellectual properties that offer specific rights over the utilization of his creation over a fixed period.
To formally claim this right, you are required to register your innovations with the Ministry of Commerce and Industry’s Office of Controller General of Patents, Designs, and Trade Marks.
The Impact of Intellectual Property on Movies
Legal protections for creative works in the entertainment business fall under intellectual property in film. It protects filmmakers from others using their ideas without permission. This protection creates a space where artists feel free to express themselves and investors want to fund new projects. Intellectual property does more than just protect individual rights; it helps the economy grow by pushing people to come up with new ideas.
When filmmakers can protect unique parts of their movies, like scripts, visual styles, and characters, they can secure funding and attract talented people to work on the project. This, in turn, helps the whole entertainment industry. Also, intellectual property helps build a brand identity and market value. Copyrights and trademarks let movies stand out in a tough market, which brings in audiences and leads to money-making success. In the absence of relevant intellectual property safeguards, the film industry would encounter increased risks of plagiarism and reduced incentives for innovation.
1. Copyright
Copyright law secures artistic and literary works created by people. All items covered by copyright are termed as “works.” Authentic literary works, original songs, original plays, original artistic innovations, sound recordings, and motion pictures are all acknowledgeable. In the process of filmmaking, copyright acts as the backbone of any film.
It aids the creators to safeguard their work from unapproved use. In return for assistance and payment in registering copyrights within their production banner, film producers employ authors to create new stories. Optionally, they might get the authors’ consent and pay a royalty or a fee to create cinemas based on their original literature works. For each original artistic invention, like original music and original lyrics, artists can assert copyright and continue receiving royalty fees.
Copyright offers protection to the works of artists. Under Section 51 of the Copyright Act, replication of copies causes an infringement of copyright. A cinematograph film’s duplication of a musical, dramatic, literary, or creative work will count as an infringement copy.
Numerous instances of copyright infringement feature against the movies, such as:
Mega-hit of Amir Khan “PK” was also accused of ripping off the album cover of Quim Barreiro.
Akshay Kumar’s 2004 film Aitraaz was also accused of copying “The Graduate” (1967) for its poster.
2. Patents
Producing a cinema is only possible with creativity and technology. Computers with video editing applications, video cameras, special effects, etc., comprise the technological equipment used to produce any movie. Creative minds have sought new, improved ways to upscale the limits. Patents regularly cover these technological innovations.
Digital technologies are moulding the future of film and driving our passion for web series and movies. To enhance filmmaking processes and encourage innovation in the sphere, a filmmaker can utilize patent protection.
3. Trademark
Trademarks offer a separate identity to goods and services. It could be a slogan, word, tagline, or slogan. To build a distinctive identity and stand apart in a busy market, film companies use trademarks like:
Rajshri Productions is a device trademark subscribed to Rajshri Productions Pvt. Ltd,
Dharma Productions is a word trademark subscribed to Karan Johor, etc.
The Trademarks Act of 1999 oversees trademark protection in India. Unendorsed use of any mark, including a copy, results in trademark infringement.
4. Designs
Design registration secures the features of pattern, shape, decoration, configuration, or composition of some colours or lines used on the items.
The Design Act of 2002 provides protection to any kind of design, including sketches, computer simulations, and footwear and apparel creations from the fashion arena. Costumes instill life into the character. Exclusive designs can be safeguarded by design registration.
In particular, it has a protective effect on manufacturers of unique industrial designs who want to enhance, market, or increase their visual appeal. The Design Act governs all these aspects.
To Wrap Up
Movies are a type of intellectual property. Copyright laws give them protection granting filmmakers certain rights over their works such as the right to distribute, copy, and show them. This security permits studios and filmmakers to control and gain from their work while avoiding unauthorized use or duplication by others. Further, films may also feature other types of intellectual property, like trademarks, especially with regard to branding and related merchandise.
Our well-qualified and informed team at kanakkupillai can serve your IPR and litigation needs across various industries with expertise and offer cost-effective solutions to safeguard the IP rights of our clientele.
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