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Maverick Wright
Maverick Wright

Namastey London Hindi !FULL!

  • However, it would be interesting to study the present case and analyse the scope of producers rights in case of films that are categorised as cinematograph films and protected under Section 13 of the Copyright Act. Cinematograph films have been defined as any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording... Therefore, a film along with the sound and music accompanying it would be protected in case of a cinematograph film. While a film is an aggregation of creative inputs by various creative and artistic persons, a cinematographic film does not recognise the rights of such persons and the author of work (producer of the film) is the holder of the rights. Interestingly, there is, as such, no absolute requirement of originality to protect a work. However, Section 13 (3)(b) states that copyright protection shall not be available for work in any cinematographic film if a substantial part of the film is an infringement of the copyright in any other work. It is through this subsection that the requirement of originality may be read into the case of cinematograph films. As far as sound recordings and other musical works are concerned, the copyright subsists with the producer. Initially, the Copyright Act provided no protection to the performers but with the amendment in 1994, provisions for their rights have been included in the statute. Therefore, while the right in the film recording of the performance vests with the producer, he is under an obligation to respect the right of the performer and obtain permission for publishing the same.So, Vipul Shah, who is the producer of the Namastey London, would be the holder of copyright in all aspects of the cinematograph film, unless such rights are otherwise assigned. But the extent of protection that may be granted for such work remains uncertain. The legislature too, by stating that in case a substantial part of the film is an infringement of the copyright in any other work, has made uncertain the limits of originality. How much copying would amount to infringement This is a question which can only be answered subjectively and in light of, not just the facts of the individual case, but also in light of the prevailing industry standards.There was a time when Indian filmmakers wouldnt shy away from lifting music, stories and even dialogues from foreign films. Such infringements went almost undetected due to the insular nature of our economy and the fact that Indian movies were rarely known to persons abroad and vice-versa. Court actions were rarely preferred due to the lax enforcement of copyright laws and the costs involved in a suit. We had several films allegedly copied by Bollywoodallegedly, I am Sam became Main Aisa Hi Hoon and Bruce Almighty became God, Tussi Great Ho.But the scenario is undergoing a metamorphosis. Foreign right holders are becoming aware of the infringement of their rights besides becoming pro-active in protecting them. Instances of foreign producers suing Indian filmmakers have seen an increase. In a recent incident, 20th Century Fox sued B R Films for infringing their rights to My Cousin Vinny. Eventually, B R Films agreed to settle the matter out of court by paying, estimatedly, $ 200,000. Vipul Shah taking action against the producers of a regional filmmaker is a step forward in this trend. It remains to be seen how far judicial actions prevail in curbing copyright infringement in India. But such actions can pave the way for strict enforcement in the future, ensuring that people are not deprived of the fruits of their creative labour and investments.The author is partner, Lal Lahiri & Salhotraif ( fe_check_is_mobile() == true ) jQuery("googletag.cmd.push(function() googletag.display('div-gpt-ad-1435909828675-0'); );").insertAfter(".runningtext p:eq(1)"); create_vuukle_platform('2e5a47ef-15f6-4eec-a685-65a6d0ed00d0', '517882', 0, 'archive', 'Namastey London not well-protected - The Financial Express'); if( false == fe_check_is_mobile() ) document.write(''); else document.write('');var addthis_config = "data_track_addressbar":false;var addthis_share = "passthrough": "facebook": "app_id": 1672404616366149, "redirect_uri": "https:\/\/\/archive\/namastey-london-not-well-protected\/517882\/?fe_share=fb" , "twitter": "via": "FinancialXpress" ;googletag.cmd.push(function() googletag.display('div-gpt-ad-1467717901670-0'); );googletag.cmd.push(function() googletag.display('div-gpt-ad-1467717901670-7'); );Tweets by FinancialXpress googletag.cmd.push(function() googletag.display('div-gpt-ad-1467717901670-2'); );googletag.cmd.push(function() googletag.display('div-gpt-ad-1467717901670-3'); );googletag.cmd.push(function() googletag.display('div-gpt-ad-1467717901670-8'); );googletag.cmd.push(function() googletag.display('div-gpt-ad-1467717901670-9'); );

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