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