Films & Television Series
Series 1 | Article 1
Who really is the Producer of a cinematograph film? There was a time when the certificate of exhibition (popularly known as the “Censor Certificate”) issued by the Central Board of Film Certification (“CBFC”) was considered conclusive proof of ownership of a film. However, with increasing diversification of the roles and responsibilities between investors/financiers, studios, streaming platforms, production-houses, line producers, distribution partners, etc., the Censor Certificate could no longer be relied upon as a conclusive proof of ownership of a film.
The courts of law in India have frequently been approached by disputing parties, each claiming to be the “Producer” of a cinematograph film. The Copyright Act, 1957 (the “Copyright Act”) defines a Producer in rather simple terms as a person who takes the initiative and responsibility for making the cinematograph film. The courts often find themselves faced with an increasingly daunting task of decoding from a complex web of facts and circumstances who the producer of a film, and therefore, its first owner, really is. After all, there are several people who may have taken the initiative and responsibility of making a film.
The Copyright Act declares the Producer to be the author of a cinematograph film. The concept of authorship is central to the Copyright Act. Copyright is essentially a bundle of exclusive rights, benefits and privileges which are recognised in relation to certain categories of works, including but not limited to cinematographic films. These exclusive rights, benefits, and privileges are collectively known as "copyright".
There are different sets of rights for different categories of works. In the case of a cinematograph film, copyright consists of the following set of exclusive rights which are expressly recognised under the Copyright Act:
(a) to make a copy of the film, including a photograph of any image forming part of such film; or storing the film in any medium by electronic or other means;
(b) to sell or give on commercial rental or offer for sale or for such rental, any copy of the film;
(c) to sell or give on hire, or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions;
(d) to communicate the film to the public.
It must be noted, that copyright does not subsist in perpetuity, but only for a specific period of time. The period during which copyright subsists in any work is called the "term" of copyright. The term of copyright in a cinematograph film is sixty (60) years from the beginning of the calendar year following the year in which the film is first published.
The Copyright Act bestows the exclusive ownership of copyright in each category of work upon its author. Accordingly, the exclusive ownership of copyright in a cinematograph film lies with the Producer. The Producer alone is entitled to use, exercise, and exploit the copyright in a cinematograph film. In other words, the Producer alone is entitled to exhibit, sell, license, rent, distribute, or otherwise monetise the film across all means, media, modes and platforms of exploitation, throughout the worldwide territory and for the entire term of copyright.
With the exponential growth of the Indian film industry, and the increasing film-budgets, this question has become the proverbial million-dollar question. In this series of articles, I will attempt to cull out the necessary attributes that define a producer of a cinematograph film.
About the Author
Sunil Zalmi is a founding member of MZD Legal Consultancy. He leads the firm"s films and television; intellectual property; and media disputes practices. He advises studios, production companies, broadcasters, distributors, and artists on a range of industry-specific matters. Sunil is known for his in-depth understanding of the regulatory landscape and commercial aspects of the creative industry. He can be contacted at sunil@mzdlegal.in
About MZD Legal Consultancy
MZD Legal Consultancy is a boutique law firm in Mumbai, India. The firm was established in 2011 and comprises professionally qualified lawyers with varied levels of experience and expertise in specific practice areas. To know more, click here, www.mzdlegal.in
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