Introduction
Imagine creating a song, a movie, or simply writing a book. What if someone copies your work? What if someone misuses it? This is when a copyright comes into play. It is like a legal shield that protects your work from being misused and copied. Are films and cinematography subject to copyrights? Can one be sued for copying or plagiarizing movies or songs? The blog below will help us find answers to these questions.
What is a Copyright?
Copyright is a type of Intellectual Property Right (IPR) which protects original works of art, literature, music, films, and computer programs from being duplicated. It safeguards the interests and ideas of the copyright owners. The holders of copyrights can reproduce their work, distribute copies, perform, display their work and also create derivative works like adaptations. Copyright for cinematography films, sound recordings and photographs is protected for 60 years from the beginning of the calendar year following the year in which the work was first published. The duration of copyright protection in India is not perpetual (lifetime); it extends for a specific period, after which the works enter the public domain, allowing free and unrestricted access to society. The term of copyright varies based on the type of work.
Use of copyrights in filmmaking
The Indian film industry is one of the largest film industries in the world, generating thousands of films a year. Copyrights, in the context of filmmaking, safeguard the rights of producers, directors, performers and musicians by giving legal protection against unauthorized use, especially piracy. It also improves creativity; the audience can watch fresh and original content.
Landmark judgements relating to copyrights in filmmaking
In Ramesh Sippy v. Shaan Ranjeet Uttam Singh and Ors., relating to the movie Sholay, the court rejected Ramesh Sippy’s claim of sole ownership and imposed restrictions on unauthorized use of the film.
In Mannu Bhandari v. Kala Vikas Pictures Pvt. Ltd., 1986, the court ruled that even after authors assign their work, they retain the right to object to distortions or mutilations, emphasizing that the original theme and characters of a film cannot be fundamentally altered.
R.G. Anand v. Delux Films, 1978, is a landmark judgment by the Supreme Court of India, related to the film ‘New Delhi’ and the play ‘Hum Hindustani’. The court, in this case ruled that similarities in general themes or ideas do not constitute copyright infringement unless specific expression is copied.
A single-judge bench of Justice Sandeep Marne said that registrations granted by producers’ associations are merely internal arrangements without legal sanctity. The court observed, “No statute confers right on associations of film producers to grant registration of titles or other copyrightable works,” while rejecting the plea of Sunil Saberwal, producer of the 1993 Hindi film Lootere.
Latest copyright cases relating to films
Recently, a Malayalam film named ‘Manjummel Boys’ was sued for unauthorized use of a song named ‘Kammani Anbodu Kadhalan’ by a legendary music composer Illayaraja. Originally, the song was from the movie ‘Gunaa’. The producers of the film neither paid royalty nor sought permission from the composer. This copyright dispute settled with the producers paying Rs. 60 lakhs to the composer.
Wunderbar films v. Netflix, a case in recent times, where Wunderbar Films sued Netflix for using a Behind-the-scenes (BTS) clip from a Tamil movie ‘Naanum Rowdy Dhaan’ in its documentary on actress Nayanthara in Madras High Court. Though Netflix argued that the court had no jurisdiction over this case and pre-mediation is required, the High Court rejected its argument and ruled that Wunderbar films can sue Netflix both the Copyright Act and the Letters Patent Act without being barred by the Doctrine of Election.
In a case of Delhi High Court, Justice Singh said that the ideas in Bhullar’s script cannot be given copyright protection and more so in the stock elements and a comparison of the script and the film “does not leave an impression that one is a substantial copy of the other”.
Awarding Rs. 2 Cr in costs to the family of the late Dagar brothers, the judge in Delhi High court, held that from a listener’s point of view, the core of A.R. Rahman’s song ‘Veera Raja Veera’ from a Tamil origin film Ponniyin Selavan 2, 2023, was “not just inspired but is, in fact, identical” in notes, emotion, and aural impact to Shiva sthuti of the Dagar brothers.
Many other cases like: Kantara (Kannada) v. Thaikkudam Bridge (2022), the Thaikkudam Bridge band accused the film Kantara of copying its title song ‘Varaha Roopam’ from their song ‘Navarasam’. The court initially, ordered the makers to remove the song from theatres and streaming platforms, it was reinstated after the court lifted the ban.
The makers of the Kannada film, For Regn, had received copyright infringement notice from the music label, Saregama in 2024 because key characters were shown humming the tune of "Mehndi Laga Ke Rakhna," a famous song from the 1995 Hindi film Dilwale Dulhania Le Jayenge, and subsequently paid a fine to license the brief usage.
Future of Copyrights in Indian filmmaking
Artificial intelligence (AI) is beginning to pose a threat to filmmaking. Who owns copyrights of these films? Recently, Love You, a Kannada film directed and produced by Narasimha Murthy, a temple priest from Siddehalli village near Bengaluru, was touted as one of the world’s first AI-generated feature films. The film, entirely created through AI, has made headlines across India. At the same time, increasing piracy continues to create irregularities in the enforcement of copyright law.
New copyright rules may strengthen licensing by providing clearer terms. They may also help in having a better revenue system by linking creators’ earnings to digital viewership data.
Conclusion
Copyrights are among the most crucial Intellectual Property Rights that play a key role in safeguarding innovation. They enable the creation of new ideas and works, and in filmmaking, they provide scope for a creative entertainment ecosystem. With streaming platforms becoming dominant, copyrights not only defend creators’ rights but also make sure revenue is shared more fairly.
