IPR ISSUES RELATED TO THE ENTERTAINMENT INDUSTRY

8/6/2019 IPR ISSUES RELATED TO THE ENTERTAINMENT INDUSTRY

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IPR ISSUES RELATED TO THE

ENTERTAINMENT INDUSTRY


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Indian cinema has come a long way from theshaky flickering images and grating noisesand sounds to a very sophisticated state-of-

the-art technology for creation and projectionof image and soundtrack.

27000 plus feature films and thousands ofdocumented short films in 52 differentlanguages


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India makes almost 800 feature films every year,making it the largest film producing country in the

world. .

Sophistication in film making necessarily entails highercost of production.

Budgets in many cases exceed several crores ofrupees. Actor's fee increasing

Eg- Blue(70-80 crores), My name is Khan(100 crores)Kambakht ishq (60 crore)


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DI TRI UTION TR T RGI i

Imp rta ce f time gap bet ee i

rece t tu y e timate that I ia'e tertai me t i u try l e $4 billi , a800,000 j b , each year, becau e f piracy.


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THE CABLEISS E

TICAL DISCMA ACTURE

VIDE ARL RS

RE TALLIBRARIES


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` India 40000 to 70000 cable operators

Delhi- 2000 cable operators

Unauthorized screenings are done either on thesame day of release of a film in cinema halls orprior to the release

A property worth Rs. 40 Crores can be enjoyed inthe comforts of ones home for a paltry Rs. 300/-


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` There are in excess of 10 optical disc plants inIndia with a production capacity of more than 60

million discs.` As the optical disc medium becomes more popular,

these production facilities are only likely toincrease

` Some of these facilities are producing pirateproduct and shockingly, those suspected of piracyare located in smaller towns perhaps enjoying taxbenefits by virtue of the State overnmentspolicies


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` Lack of good quality multiplexes and single screentheaters

` rigin from small one bedroom operations, with asmall television and a VCR, are now100 seats plusoperations providing fully air conditionedenvironment.

` ay- local taxes, electricity bills, entertainmenttaxes as well

` Dont ay- the most essential ingredient onthe film itself


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` Almost every small locality in virtually every Indiancity has the local video rental library

Some will purchase original software marked forHome Viewing nly ot forRental urposesand will distribute that.


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Typically, a movie may have copyright w.r.t. all orsome of the following rights:-

` Story of the ilm ,Screenplay / Script of the ilm

` Literary material -the screenplay and writing andmaterials related to them

`

All derivative production rights;

` The right to make remakes of the ilm;


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` The right to make sequels of the ilm;

` The right to make prequels of the ilm;

` Characters of the ilm;

` All translations;

` All adaptations


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` The Problem- blatant copying of the story andscreenplay ofHollywood movies with an

addition of salt and pepper in the form of songsand dances which are an indispensable ingredientof any Indian movie.

` Few Instances- "Black, a remake ofThe MiracleWorker, "Mere Yaar Ki Shaadi Hai" a remake of"My Best riends Wedding", "Kaante" a remake of"Reservoir Dogs", "Zinda" a remake of Korean

movie "Oldboy."


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` Unfortunately, most of the time such copyrightviolations and plagiarism goes unnoticed or due to

lack of knowledge of Indian laws,

` Hollywood film makers avoid litigation in India, totheir own detriment


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` The act of making remakes of films is very muchprevalent in the Indian ilm Industry.

` The term "remake" is generally used in reference toa movie which uses an earlier movie as the mainsource material.

There is no provision regarding remake of a filmhowever an inference to it can be made from thedefinition of the term adaptation given in Section2(a)


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Civil Remedies:

` 54 to 62 of the Copyright Act, 1957, deals with civilremedies for infringement of copyright.

` Remedies include injunction, damages and accountof profit, delivery of infringing copies and damagesfor conversion

` Court may also give a direction underOrder 26Rule 9 of C. .C.


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Criminal Remedies:

` Under the Copyright Act, any person who knowingly

infringes or abets the infringement of the copyrightin a work, or any other right conferred by the Act issaid to have committed a criminal offence and insuch cases copyright infringement

` If proved, in a Court of Law, carries a minimumsentence of imprisonment of six months extendableto 3 years and minimum fine ofRs. 50,000 which

can extend up to Rs. 2 lakh.


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IPR ISSUES RELATED TO THE ENTERTAINMENT INDUSTRY

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