Summary
This post compiles a series of analytical discussions on copyright and entertainment law topics relevant to India in 2014. It covers issues such as licensing and merchandising, intellectual property protection for computer programs, assignment and licensing of copyrights, and the evolution of personality rights. The post also examines the impact of the 2012 Copyright Amendment on assignments and royalties, the protection of ideas in the entertainment industry, and music licensing practices. Each section provides a structured, objective analysis of the relevant legal frameworks and industry trends.
This post collects the key copyright and entertainment law topics covered in the 2014 series, providing a consolidated reference for readers seeking to understand the principal areas of intellectual property law as they apply to the entertainment and media sector in India.
Licensing and Merchandising in Copyright Law
Merchandising is an extension of a brand into new categories. Any merchandise is created by securing a licence of different intellectual properties such as themes, images, songs, dialogues of a film, or characters. Movie and character merchandise has gained considerable popularity in India over the past decade. According to industry reports, global licensing and merchandising is a substantial business, with the top 125 licensors accounting for sales of more than US$ 184 billion. Licensing in India began roughly ten years before the 2014 period with the establishment of an organised retail sector following the 1991 economic reforms. Retail chains contributed significantly to creating a market where consumers could purchase licensed products tied to entertainment content.
Intellectual Property Protection for Computer Programs
A computer program is an intellectual creation and may be protected under intellectual property law, particularly under copyright and patent regimes. The appropriate mode of protection for computer programs remains a topic of debate, owing to the technical complexities involved and the difficulty of integrating such works within existing IP frameworks. There is continuing ambiguity regarding the scope of protection available and the extent to which current IP regimes adequately address the challenges presented by computer programs.
Mode of Assignment and Licences in Copyright Law
Copyright, like other intellectual property rights, is regarded as a form of property and may be transferred accordingly. Under Indian copyright law, ownership may be transferred in three ways: by executing an assignment deed, by executing a licence agreement, or by transmission of rights by operation of law. The law governing assignment of copyright in India, including the relevant provisions in Section 18, sets out the conditions and formalities required for a valid assignment.
Personality Rights in India
Intellectual property law has expanded through judicial activism to accommodate new forms of protection, including personality rights. Personality rights comprise two distinct components: the right to publicity and the right to privacy. The right to publicity, typically associated with celebrities, confers the ability to control the commercial exploitation of one’s persona and to prevent others from trading on that fame. The right vests in individuals who are famous or who possess a reputation capable of being commercially exploited. A person’s persona for these purposes may encompass name, photograph, signature, voice, or any other identifying mark.
Assignment and Royalty: Notes on the Copyright Amendment 2012
The Copyright Amendment of 2012 had as one of its primary objectives ensuring that authors receive adequate consideration for their creative works. The focus was largely on authors who create works for feature films. The amendment introduced changes to the provisions governing assignment, particularly in Section 18, with the aim of preventing producers from acquiring ownership rights through work-for-hire arrangements at the expense of individual authors.
Ideas, Concepts, Scripts, and Stories: Protecting Ideas in the Entertainment Industry
An idea is entirely intangible and cannot, by itself, attract copyright protection. For protection to arise, an idea must be expressed in a tangible form. Copyright law protects the expression of ideas, not the ideas themselves, while patent law protects inventions that also require material embodiment. Entertainment and copyright infringement occurs when the expression of an idea by one person is copied by another. Since unembodied ideas may be used by any number of persons to create independent works, the question of how to protect ideas that do not meet the threshold of fixation or originality requires separate consideration through commercial or contractual means.
Music Licensing
Music licensing refers to the transfer of exclusive or non-exclusive rights to use a piece of music, whether a complete song, a portion of a song, an album, or an entire repertoire, for a specified period and for a fee. Licensing arrangements typically specify the licensing fee, the duration of the licence, and the permitted uses. Such licences are obtained by television broadcasting organisations, radio stations, digital platforms, restaurants, bars, and other commercial entities. Collecting societies and performing rights organisations play an important role in tracking and administering royalty collection for works performed publicly, a function that became necessary as musical works came to be performed thousands of times daily across diverse platforms.
Disclaimer
This article is for general information and does not constitute legal advice. Readers should consult a qualified attorney before acting on any matter discussed here.