Protecting the Rights of Filmmakers in a Cinematographic Film

Journal of Critical Reviews ISSN- 2394-5125 Vol 6, Issue 6, 2019

PROTECTING THE RIGHTS OF FILMMAKERS IN A CINEMATOGRAPHIC FILM

Priyanka Prasad, Research Scholar, LLM, Symbiosis Law School, Pune, Symbiosis International (Deemed University), Pune

Prof. Dr. Bindu Ronald, Professor and Deputy Director Symbiosis Law School, Pune, Symbiosis International (Deemed University), Pune

Amol Sapatnekar Teaching Associate Symbiosis Law School, Pune, Symbiosis International (Deemed University), Pune

Received: 22.11.2019 Revised: 21.12.2019 Accepted: 25.12.2019

ABSTRACT: Cinema is an art and is a means of expressing new thoughts and different ideas in an impactful manner when compared to other art forms. The Indian Cinema industry is thriving and produces an average of around 1000 movies every year in a wide variety of Indian languages. The viewers of Indian Cinema are not just limited to the country but across the world. The Indian Cinema industry has a worldwide recognition and acceptance with a huge fame. India is still a developing economy and the Indian Cinema industry is helping the country in developing the country’s economy. Even though Indian movies were made from late 1920’s, the Indian Cinema Industry was given recognition mainly during the 1990’s. Filmmakers play the supreme or the paramount position in the interpretation and making of a film. According to the American Filmmaker Richard Stuart Linklater, “Filmmakers are going to make films, just like painters are going to paint”. The Indian Copyright Act, 1957 grants copyright only to the “Producers” of the film thereby ignoring the struggle put forth by the Director of the film without whose creativity the movie would not have happened. The Copyright (Amendment) Act, 2012 started giving recognition to the performers, composer, writers etc. Nonetheless, the Copyright of the film vested with the producer. One of the highlights of the Copyright Amendment Bill, 2010 was to extend the copyright in a film to the director of the film and give a joint copyright authorship to both the director and the producer as well. Nonetheless, this proposal was rejected from the Copyright Amendment Bill, 2010 and the filmmakers were not given the status of “Authors” and thereby neither specific moral rights nor economic rights were acknowledged by way of the Indian Copyright Act. The Indian Cinema Industry has attained global appreciation and has reached great heights but the Copyright law of the land is not up to the mark when compared to the copyright laws of other countries especially when we deal with the protection of filmmakers of the Indian Cinema industry. Through this research paper, researchers are trying to draw the obligation for protecting the rights of filmmakers by the Indian Copyright law. Further researchers would be tracing the history and working of the Cinema Industry, the creativity involved from the part of filmmakers, whether they should be given any copyrights and a comparative analysis of the US and UK laws with respect to granting copyrights to filmmakers. Keywords: The Copyright Act, cinematograph film, rights, protection.

INTRODUCTION: A Director is the most significant imaginative power really protection. A Cinema is a collaborative form of art and all taking shape of a movie, breathing life into the content with those who have significantly contributed should be given true to life vision and sensational understanding and copyright protection. coordinating all commitments into acreativelyunifiedend. It is essential to measure the creative contribution of the DIRECTOR AND THEIR CREATIVITY: Directors in the conception and execution of a film. Director When it comes to filmmaking, the designation of Director is is also the key contributor to the totality of a film. He somewhat enigmatic title. [2] The role played by the contributes to the ultimate style, quality and structure of the Director is quite broad, and includes the coordination of film. countless activities throughout the process of shooting, A Director works for a film from its initial stage to its final finishing and marketing of a film. In fact, it is the Director stage. He is in charge of the three main phases, which are who sincerely foresees the film from its script to the final pre-production, production and post-production. [1] Movies end product. The Director actively communicates with the are the interpretation of the aesthetic personalities of artists, the cinematographer, the writer, the editor, the Directors. The director is assumed to be a person music composer, costume designer etc. in fact he is the all- responsible for creating the movie and hence directors shall in-all of Cinema. be given copyrights for the creativity used by him. Director’s role is crucial in the three stages of Cinema, which From the early days of outset of the film industry till today, are pre-production, production and post-production. During the Directors play a crucial role. The relevance and role of the pre-production stage the Director collaborates with the the directors has increased since the industry is developing. writer with respect to the script, assists the casting Director The ingenious contribution and aesthetics of the directors in the selection of Actors and Actresses and coordinating makes a film as it is. The totality of the film owes to the with the cinematographers to discuss the visual look of the creator of the film, i.e. the Director. The Directors in the movie. During the production stage, the Director will co- modern day is actively involved in the distribution, ordinate efficiently with actors, the choreographers and the marketing and other allied activities of the film making music composers. During the post-production stage, process. A director is involved in the film from the start to Director’s work with editors and they both together bring the end of the film making process and its release and it is continuity between shots and cut unwanted shots. The unfair to dispense them off without any copyright

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Director also work with digital artists with respect to the era. Francois Truffaut developed auteur theory during the visual effects of the film. 1950’s. [7] A Cinema is an interpretation of the aesthetic identity of a According to this theory, Directors are the ones who have a Director. A Cinema is an artistic work of the Director. The clear-cut idea about the film he is directing from the creativity of a Director is well utilized in transforming a beginning to end and who possesses a significant control script to a motion picture. The creativity of a Director is well over production. This theory very well identified the utilized in all the three stages of filmmaking and hence it is authority or power a director possessed and also the inevitable to recognize and guaranty them Copyrights since individual creativity involved from the part of Director in the it is his expression that is communicated to the viewers. film making process. The main argument of this theory is There has been no formula created to measure the amount that the position of director is very significant and that his of creativity put forth by the Director in the creation of a position cannot be filled by anyone else and the final end movie. The term “Creativity” is colossal and deep with lots of product, which is the cinema, is his own vision and understanding and analysis, which makes it difficult to perspective. [8] The Director’s creativity makes and takes measure. To be precise, “Creativity” can be defined as the the script to the screen, from a mere collection of papers to a use of imagination or original ideas to create something. [3] two dimensional entertainment. Since they play such a There are different theories of creativity described by prominent role in the creation of a film, they should be eminent professionals and scholars. However, these theories considered as the “author” of the film. In fact, a film can be are not directly discussing the creativity involved from the identified as a creative piece of art created by the Director part of director in filmmaking, but they describe the with a camera. [9] essentials elements of creativity, which is very well qualified The auteur theory was developed during the studio era. The by the Director. The leading approaches and criticism in film studio era was reluctant to recognize the Director’s rights. theory aim to consider creativity as essentially compatible Directors weren’t given any recognition for their creativity with authorship. utilized in the filming process. The studio era predominantly The attitude of a medium’s creator towards their creation gave importance only to the producer of film. Huge amounts and their audience are significant for understanding the were invested by the producers for creating a film and then medium, especially when the creators differ from the main marketing it and hence importance and authority was given audience in class, gender or some other fundamental feature. to person who invested and not to a person who was [4] Their beliefs and perspectives shape the content the creative. It can be said that the voice for creativity was viewers get. It is a big question as to who can be called the absolutely null or void during the studio era of filming. The “Creator” of a film because creation of a film involves many artists, the Directors, the scriptwriters and other technicians individuals and their talents. It is nevertheless an individual were considered as mere employees and the producer or the effort. The process of filmmaking needs several creative investors were considered as the employer. This is when the artists and technicians. But in fact it is the Director who is Auteur Theory was developed. [10] the final say in the creation of a film. It is according to the The auteur theory highly influenced the United States of Director’s vision or creativity, these artists and technicians America and the United Kingdom in realizing the Director’s perform. effort in creating a film. In France, Directors were considered to be the author of the film. The Auteur theory AUTHORSHIP THEORIES: was also well accepted in other European countries. [11] The monetary element of films lead to a lot of legal battles and conflicts associated with it. There was an ambiguity with THE SCHREIBER THEORY: respect to the ownership and authorship of films, which The word “Schreiber” is a German word meaning ‘writer’ often led to a disagreement or disconnect between the and this theory was propounded by David Kipen. [12] creators of film. Who owns a Cinema? Is it owned by the According to this theory, the scriptwriter is the author of the producer or the Director or the scriptwriter? Since films film. It has a complete different approach when compared to yield a lot of money, film ownership and authorship is a the auteur theory. According to this theory, the very basic subject that needs to be studied in depth. element for a film is its script and this base is created by the It is very important and necessary to recognize the script-writer and therefore they have to be considered as the authorship in films or be it any other work since such authors of the film. The Schreiber theory is basically a recognition is an essential element, which can motivate an writer-oriented theory. artist and can bring about more creative pieces of work and This theory primarily appreciates the work of the script- art. Before the enactment of the Indian Copyright Act, 1957 writer since script is a very important and crucial element in the creative artists were not given any recognition by law the making of any film. The need for a story line is critical for and the same was with the case of Cinema. The Director’s any film and there is a lot of hard work from the part of the creativity involved in filmmaking was neglected and script-writer in creating a script but generally their efforts unnoticed. The producer of the film was considered to be the are undervalued and neglected. When a movie becomes a owner of the film. Since movies are a blend of different art blockbuster everyone enquires about the Director and forms as well as different creative artists, it is essential to acknowledges his talent but the script-writer always remain discuss the authorship and ownership of cinema. behind the screen. The creativity of the script-writer is just During the mid of the twentieth century, many theories of paid off by the producer in a onetime settlement and no authorship was developed within the film industry some of other rights are given to them. The work of the Director is which are the Auteur theory, the collaborative theory, the just to place the script in the screen with added beauty of Schreiber theory and few others. These theories are not vision. explicitly claiming to provide Copyright protection to film The Schreiber Theory is not a strong criticism to the Auteur Director but these theories effectively addresses the theory because it is not appropriate to conclude that a film is creativity of a Director in creating a film. These theories have good only because of its script. A script-writer’s creative helped the film industry to analyze the concept of contribution is just one of the elements required in the film- Authorship in Cinemas. [5] making process. They cannot be considered as the sole author of the film. If the script is published in the form of a AUTEUR THEORY: book or just a written material, then there is no doubt with “Auteur” is a French word-meaning author, which clearly respect to the author of the book. But films or movies are the represents the origination of this theory. [6] The auteur visuals presented upon the audience based on the Director’s theory is all about the significant role of the Directors in vision, perspective and creativity. filmmaking and thereby confirming the authorship in films. This theory mainly focused the role of directors in the studio

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COLLABORATIVE THEORY: The role of the Director in making a cinema as well as his According to this theory, the concept of authorship cannot creative contribution in the making of a film was well be given to one single person since films are a collaborative discussed in the previous chapters of this dissertation. art form and there are many people’s sweat and creativity to Keeping this in mind, it is really unfair to exclude the film make the film as it is. Hence the concept of authorship director from getting any rights with respect to his creativity should be broadly shared to the writer, the director, the in the making of a film. The director should either be studio and to each and everyone who has helped and used considered as a joint owner or co-author considering the their creativity in the making of the film. [13] This theory creative input put forth by him. The Indian Copyright Act, also argues that a cinema cannot be made out of just from a 1956 was a failure in differentiating ‘author’ and ‘owner’ of a person’s own creativity. A film is created out of the collective film since the Act gave both these titles to the producer of efforts of many people. Hence, films are collectively the film who invested in the filmmaking process. authored by the writer, the director, the composer, the Section 2(d)(v) of the Indian Copyright Act, 1957 editor etc. Authorship comes from the “mutual interaction” characterizes the expression "author" related to the film.The between the world created and the creators. [14] Indian Copyright Act, 1957 underwent an amendment in the year 1994. Before the amendment of the Act took place in Unlike the Auteur theory, which gives authorship to the 1994, the ‘owner’ of the film was considered to be its Director and the Schreiber theory, which gives authorship to ‘author’ too. The Producer is given the first owner status in the writer, it can be said that the collaborative theory the case of cinematographic film. nullifies the “single author” concept. [15] The main Section 2(d)(v) of the Copyright Act, 1957 was amended by advantage or benefit of this theory is that it addresses the the Copyright Amendment Act (1994). Section 2(d)(v) creativity and pain of every single individual who has clearly states that with respect to a sound recording or a contributed or collaborated for the making of the film. But cinematographic film, the producer shall be considered as applying this theory in practice is a difficult task. If the author of those works. Further, the Act defined term copyrights are given to every single person who has worked Producer as the one who takes responsibility and initiative for the cinema, then tomorrow when a remake of the film is for making a film. This definition implicitly means that for a to be created or a new part of the film is to be made, then it person to be a producer he just has to make financial will be difficult for the producer to get the consent from each investments. The creativity input of a person is of least one of them and in the worst case if any single person concern in granting a person with the title of authorship. It is doesn’t gives his consent then the whole new project will be high time to change this approach because most of the just in the dreams of the producer. developed countries like the United Kingdom and France Hence this theory although sounds good but fails when gives due respect to the director and consider them as joint applied practically because of the practical difficulties as authors of the work along with the producer. In India, the discussed above. author of a film is solely the Producer. Sartaj Singh Pannu v. Gurbani Media Pvt. Ltd. &Anr[16] was a PRODUCERS AND OWNERSHIP OF FILMS: 2015 case which came before the Delhi High Court. The The Producer is a person who is investing in the making of petitioner of this case was a Director of the film “Gurunanak” film. The person who is spending or investing in the making and he filed a suit to restrain the producer of the film from of films was considered to be the owner of the film. releasing a movie, which was in dispute. The dispute Producers take a lot of risk in investing such big huge between the director and the producer was that the amounts for the production and promotion of a film. Films producer did not consider the director as the sole director of were earlier considered as a property or asset and when it the film. The Court was helpless in granting any relief to the was considered, as a property only the ownership aspect petitioner-director since there was a lack of statutory was relevant and not the authorship. But this scenario support or statutory provision to consider the claim made gradually changed. by the Director. The Delhi High Court stated that the creative Another reason for considering the producer’s as the owner input and effort put forth by the Director are not statutorily of copyrights was mainly because there were too many recognized in India either by way of the Copyright Act 1957 people contributing their creativity towards the making of or by any other legislation concerning cinematographic the film. Hence, assigning copyright to the investor seemed films. The Court also compared the United Kingdom CDPA to be easier than quantifying each player’s creativity and Act, 1988, which recognizes Director as an author with the assigning them copyrights. Also the copyright laws never Indian Copyright Act, 1957, which absolutely gives no granted any rights to the real creators of Cinema. The recognition to the Director. Copyright laws were designed mainly with respect to the Section 57 of the Indian Copyright Act, 1957 deals with the practices followed by the film industry. It can be understood exceptional privileges of authors. These exceptional rights that Directors gave more importance and priority towards are otherwise called as moral rights.Since the Director of a the appreciation and fame they received when a movie film is not considered as the author of the film the director comes out of the box office as a success. This could also be a also cannot claim the moral rights under Section 57 of the reason as why producers earned Copyrights in films. Act. In India, the producers are considered to be the author as The Delhi High Court in the above case arrived at a well as the owner of the film. Leading film industries like the conclusion that there should be statutory legislations or Hollywood and European Union film industries have started provisions for recognizing and guaranteeing the director recognizing and granting Directors with Copyrights. Since with copyrights considering the amount of creativity put most of the Indian laws are made from the UK it is high time forth by them in the process of filmmaking. The term author for India to recognize the real creative owners of films, generally refers to a person who makes a creative and which brings high revenue to the nation. original work, which is eligible for granting copyrights. Films are a combined or collective work of many people. Hence, OWNERSHIP AND AUTHORSHIP UNDER THE INDIAN the Director should at least be considered as joint or co- COPYRIGHT ACT, 1957: author of the films they direct using their creativity. The Indian Copyright Act, 1957 is modeled as per the United Kingdom Copyright Act of 1956. The Copyright Act of the THE COPYRIGHT (AMENDMENT) ACT, 2012: United Kingdom 1956 did not grant any right to the Director The main objective of the Copyright (Amendment) Act, 2012 of films. The Indian Copyright also followed the same was to make the provisions in the Indian Copyright Act in pattern. But later on the Copyrights, Designs and Patent Act, compliance with the WIPO Performances and Phonograms 1988 granted copyrights to Director and considered them as Treaty and the WIPO Copyright Treaty. The other objectives joint owners of the work. of the Amendment Act were with respect to amendment of

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rights in cinematographic films, sound recordings and and the WIPO Performances and Phonograms Treaty, 1996 artistic works, amendments that facilitate access to works, do not have provision, which considers director as author. protection against piracy in the Internet etc. [17] The proposal to grant directors with copyrights in cinema A Copyright (Amendment) Bill was introduced in the Rajya was fully opposed by the Film and Television Producers Sabha in the year 2010 which extended copyrights to Guild of India and also by most of the stakeholders who directors in a film directed by them. The current scenario appeared before the Parliamentary Standing Committee. The before this amendment came was to grant only producers of argument of the members in the guild were that it was the films with copyrights for 60 years. This position was producer who took the whole financial risk in the process of changed in the Bill and the Copyright (Amendment) Bill, filmmaking and considering the director to be the joint 2010 extended copyright to a director of the film that too for owner of the cinema was unjust. It is well discussed in this 70 years. [18]The Bill additionally recommended that the dissertation with respect to the director’s role in making a creators of the literary, artistic and musical works, film and his functions during the pre-production stage, particularly songs made in films, get an eminence for production stage and the post-production stage. It is to be financially misusing such work. noted that both money and creativity together constitute a Most of the objectives of the Copyright (Amendment) Bill, good film. Hence, both the director as well as the producer 2010 was incorporated in the Copyright (Amendment) Act, should share the authorship and thereby the copyrights. It is 2012 by protecting the rights of performers, music totally unjust and unfair to grant the producers only with composers, script writers etc. These amendments were copyrights. brought into picture so as to prevent and avoid the In perspective on the above expressed contentions by the exploitation of these creative artists in the music and film partners, the individuals from the Film and Television industry. It can be said that the Copyright (Amendment) Act, Producers Guild of India, the Indian Broadcasting 2012 was successful in achieving one of its crucial objective, Foundation, the Indian Reprographic Rights Organization, which was to grant protection and impart rights to the South Indian Film Chamber of Commerce and the Indian creative authors in music and film industry like the music Motion Picture Producers Association, the Parliamentary composer, lyricist, script writers, performers etc. Even Standing Committee was of the view that the proposed though the Copyright (Amendment) Bill, 2010 proposed of revision to incorporate the Director as a creator of a considering and granting copyrights to film director for 70 cinematographic movie alongside the Producer may make years, the Copyright (Amendment) Act, 2012 did not disarray and lead to uncalled circumstances as opposed to incorporate such a provision. filling the need expected for.Advisory group's assessment The Copyright (Amendment) Act, 2012 was not of much or lays on the reason that there is a framework existing by and no benefit for the director because the Amendment Act did by where under makers and chiefs are allowed to consult not bring any change in the position of the Director although without anyone else terms and conditions. Under these the Amendment Act bought some significant changes in the dealings/contracts, executives are paid their arranged case of performers, composers etc. According to the compensation/expense yet in addition certain rights in Copyright (Amendment) Act, 2012, the Producer is still the ceaselessness identifying with the content.Further, author and owner of the film. Even joint authorship was not according to the current framework, the important executive given to the film directors. Even after the proposition of isn't going out on a limb in the creation/execution of a film granting rights to Directors in the Amendment Bill, 2010 the and it is the maker alone who risks his speculation not being Amendment Act, 2012 failed to grant any rights to directors. recuperated. The Committee emphatically feels that the According to the Copyright (Amendment) Bill, 2010, Section proposition of joint proprietorship is unjustifiable. It, in this 2(d)(v) both the producer and the director of the film will be manner, prescribes that the proposition to incorporate head the authors. Also Section 2(z) of the Copyright Act defines executive as creator of the film alongside maker might be ‘work of joint authorship’. The Amendment Bill, 2010 dropped out and out. [20]It is intriguing to take note of that proposed to add an explanation to Section 2(z), which states none of the Director's association approached to speak to that, a cinematographic film is to be treated as a work of the executive's privileges. This might be on the grounds that joint authorship except in cases where the director and the the chiefs are as yet ignorant about their privileges and the producer are the same person. [19] Further, section 17(5) of value of a licensed innovation right. the Copyright Act which describe the first owner of Since many organizations and associations clearly opposed copyright was meant to be amended where under the the proposal to grant directors with copyrights, those director and the producer of the film shall be treated as the provisions which were favorable and granted directors with first owner of the copyright. This proposal of granting rights were removed from the Copyright (Amendment) Bill, directors with copyright may be made because countries like 2011. Hence these provisions were not included in the the United Kingdom and France recognized director’s rights Copyright (Amendment) Act, 2012. Till date the Indian law and Indian laws are modeled in consonance with the United does not consist of any provision, which grants and protects Kingdom laws. the rights of film directors. Filmmaking is a collective and The Copyright Amendment Bill, 2010 was presented before collaborative work and the director is the one who directs the Parliamentary Standing Committee. The Parliamentary this collaboration. It is high time that India legislate an Act, Standing Committee denied the concept of recognizing the which protects and grants directors with copyrights for their director of a film to be a joint author with the producer. The creative work in filmmaking since Indian Film Industry is committee was not ready to amend Section 2(d)(v) of the the largest industry in terms of most releases in a year in Copyright Act, 1957 in the said manner as proposed by the different languages. Copyright (Amendment) Bill, 2010. The Parliamentary Standing Committee quoted the status of the United States ECONOMIC RIGHTS OF DIRECTOR: copyright law in granting film director with copyrights. The owner of copyright in a work appreciates negative The main reason stated by the Parliamentary Standing rights. In spite of the fact that the expression "exclusive Committee was that film directors could be protected by rights" is utilized in Section 14 of the Copyright Act, 1957, way of union contracts. The point here to be noted is that yet the copyright owner doesn't have a positive right to creativity is an aspect that is to be regulated by the copyright abuse his work, regardless of whether by making duplicates, law and not by way of agreements or contracts. The performing it or something else. The privilege delighted in Parliamentary Standing Committee also argued that the by the copyright proprietor is a negative one for example it Berne Convention has left it upon the States discretion in is the privilege to keep others from utilizing his work in providing authorship in cinematographic films. Also, the specific manners, and to guarantee pay for the usurpation of International Treaties like the WIPO Copyright Treaty, 1996 that right. [21]The exclusive rights are otherwise called as

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economic rights of the copyright owner. These exclusive Remake of films: rights are dependent upon the laws of the Act. Remake can be defined as a film, which is based on an Economic rights refer to the monetary and financial rights, already existing film but with a few modifications. Remake of which is received by an owner and author of a copyright a film can be compared to a renovation of a house. A film is film. These rights are mostly set on time periods which mostly remade at least after 10-20 years of its release. The means that it is not a lifelong right or these rights may have new film, which is made, might impress the viewers visually to be renewed after a particular period of time. Since the with new actors playing the same script as well as with the Indian Copyright law does not recognize and grant directors latest technology being utilized in its creation. The process with any rights most of the economic rights are being denied of remake is nowadays very common in the Indian film to directors. industry as well as in the Hollywood. There are also many The argument made by most of the production houses for remakes of one film to another language. Some of the denying the authorship for directors as well as the economic examples are BhoolBhulaiya, which was a remake of the rights associated with it that the directors are paid a huge Malayalam movie Manichitrathazhu, Billu that was a remake amount soon after the completion of the film. But it is very of another Malayalam movie KadhaParayumbol etc. [24] In crucial to note that that this one time huge payment is very India, the directors of films do not get any royalty through minute when compared to the other income that the the remake of a film since they are not given any copyrights producer receives from the film by way of online releases, over the film. The producers of cinematographic films earn selling of broadcasting rights and satellite rights, too much by way of remakes i.e. by selling the creativity of distribution rights etc. directors again and again. Countries like the United Kingdom and France, which has recognized director as the co-author of the cinematographic Online Streaming rights: work grants the royalty, received from all these economic As technology developed, the era of Internet was opened. rights to the directors. Some of the economic rights are Now, films can be easily watched online. Youtube was an discussed under. early option for viewers to view movies online. But Youtube owned by Google was not concentrating on films itself. There Distribution Rights: were many other videos available on Youtube rather than Distribution rights are a type of economic rights granted to films. After the year 2016, there were many new apps producers of the film by way of copyright protection in India. launched like the Netflix, Amazon Prime and Hotstar etc. Distribution rights typically describe the theatre show of These applications further made the process of movie films. It is solely the discretion of the producer to decide as viewing simpler. In just two clicks any person anywhere in in which theatres his film is to be displayed. From the the world can watch a film in different languages. This is beginning itself Directors never had a claim from the share another method through which movies are sold. The Indian made through theatre run. This was even the same case in director’s don’t get any royalty from online streaming also foreign countries. The profit derived from the theatre run is just because they are not recognized and granted any rights divided among the theatre owners and the producer. The by virtue of the Copyright Act, 1957. producer takes 70% of the profit and theatre owners take the rest 30% of the profit. Hence, distribution rights are a MORAL RIGHTS OF DIRECTORS: type of economic rights in which the director has no claim. Notwithstanding the insurance of economic rights, the Even in countries were the Director is recognized as a joint Copyright Act additionally ensures moral privileges of author, the director is not given any royalty over the profit creator. Moral rights stream from the way that an abstract or made by the film through theatre run. masterful work mirrors the character of the maker, the same amount of as the financial rights mirror the creator's have to Video Rights: keep body and soul together. [25]Moral rights or 'droit The Copyright Act, 1957 gives that the owner of a moral' started in French Law. The Rome Act of 1928 added cinematographic film has the restrictive right to make a the droit good to the Berne Convention of 1886. The ethical duplicate of the film, including a photo of any picture rights are special cases to the general principle that after a shaping part thereof. [22]The exclusive right accessible to creator has appointed his privileges to someone else, the last the copyright owner in cinematographic film is to duplicate alone is qualified for sue in regard of encroachments. The the account of a specific film. It is, in this way evident that creator has a privilege to guarantee moral rights in the work creation by someone else of a similar film doesn't establish considerably after the task of copyright. Moral rights of encroachment of copyright gave that a procedure of creators have been perceived in a large portion of the states duplication had not repeated it for example by utilizing across the globe. There are mainly two moral rights: Right of mechanical contraption. The articulation ‘to make a copy of Paternity (Droit de paternite) and Right of Integrity (Droit de the film’ would intend to make a physical duplicate of the respect de I’ oeuvre). film itself and not another film which just takes after the Right of paternity implies that a creator has an option to film. guarantee initiation of his work and can avoid all other from asserting origin of his/ her work. The creator additionally Satellite Rights: has a privilege to request that his/ her name ought to show One of the traditional sources of revenue from filmmaking up in all duplicates of his work at the proper spot. He/ She was by way of selling of Satellite rights. [23] Satellite rights can likewise keep others from utilizing his name in their refer the right of a TV channel to broadcast it in its channel. works.Right of integrity then again implies that a creator has Generally, most producers of the film sell it to TV channels an option to counteract distortion, mutilation or other for broadcast and it may either be for a long or short period. change of his work, or some other activity in connection to The satellite rights may sometimes be for lifetime telecast. the said work, which would be biased to his respect or The producer of is free to sell the satellite rights to more notoriety.This right is significant especially where a permit than one channel. The broadcaster often considers the or task has been allowed to adjust or modify the work here market value of the actors while entering into a contract and there, for example novel into play, play into film and so with the producer of the film for satellite rights. Also, on it is for the Courts to choose the fringe between the broadcasters for satellite rights also select films directed by adjustment and mutilation. Notwithstanding the previously reputed Director. But the Directors are kept away from the mentioned rights, there can likewise be a privilege to royalty earned due to their creativity since there lacks a law withdrawal or right to withdrawal by virtue of non- in India which really concerns their rights. fulfillment of the creator. Such right of withdrawal or withdrawal has not been expressed in the Berne Convention.

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Section 57 of the Copyright Act, 1957 recognizes moral necessary to display the name of the director in the posters rights of the author. The provision is based on Article 6bis of or other publicity events for the movie. But this right to be the Berne Convention. It gives that freely of the creator's recognized as the director of the movie is generally granted copyright and considerably after the task, either completely to the directors even though there is no statutory legislation or mostly of the said copyright, the creator of a work will to enforce the same. The reason for the same is that have the right-(I) to guarantee the origin of the work; and directors often become a reason to sell the movie. The right (ii) to control, or guarantee harms in regard of any twisting, to be recognized as the author of a film is important and mutilation, adjustment or other act in connection to the said significant to the directors because of the recognition work if such bending, mutilation, change or other act would element. be biased to his respect or notoriety. In Sartaj Singh Pannu v. Gurbani Media Pvt. Ltd. &Anr[30] the The moral rights of the author are independent of author’s director’s name was not mentioned in the posters of the copyright and the remedies available to him for the movie. The Court held that there is a necessity to grant infringement of his copyright. In other words, Section 57 directors of cinematographic film with moral rights. But in confers additional rights on the author of the work. The the present case, the Court could not enforce the same special protection of the copyright is emphasized on the fact because of the lack of a legal provision, which grants that the remedies of injunction and damages can be claimed directors with moral rights. even after the assignment either wholly or partially of the said copyright. This view was upheld in Mannu Bhandari v. Broadcast Rights: Kala Vikas Pictures Ltd. [26] and Amar Nath Sehgal v. Union There is a usual tendency for broadcasters to cut some of India.[27]The scope of Section 57 is of widest amplitude. It scenes in the movie so that they can showcase more includes not only literary and artistic works but also audio- advertisements in between the movie and end the movie visual manifestations. [28] within a fixed time. This practice of trimming the scenes in cinema highly affects the film because those scenes may be Moral rights in a cinematographic film are a bit complicated relevant in the film and the audiences viewing the movie issue. In India, the producers are considered to be the author through the broadcasters miss those scenes. This affects the and owner of the film. In fact, it is the producer who invests film in toto and hence this practice should be eliminated. in the making of a film but the creativity of creating such a Making changes in the duration of a cinematographic film film owes to the film director. Hence, the producer really violates the moral rights of directors. doesn’t need to be awarded with moral rights but at the A film is mostly considered as the work of effort of the same time such moral rights should be granted to the director. If a film has bad reviews, it always creates a bad director of the cinematographic film. Moral rights are impression about the director and the producer of the film is generally awarded to the author and an author means the in no way affected with his repute. To protect the reputation one who creates a work using his creativity. Hence, strictly of film directors it is significant to provide them with moral speaking, the director of a cinematographic film is the real rights i.e. the right of paternity and the right of integrity. The author and not the producer. Therefore, the moral rights Indian laws have to be amended in such a way that directors deserve to be held in the hands of the director. can also claim moral rights. Some of the moral rights of the directors of film are discussed under. CONTRACTS BETWEEN THE DIRECTORS AND THE PRODUCERS: Final cut: A cinema is a collective work of different artists and the film Final cut refers to the final version of a cinematographic film, industry was not regulated by any laws till the enactment of which is viewed by the audience and approved by the the Copyright Act, 1957 and the Cinematographic Act, 1952. director of that cinematographic film. The final version of These statutes at present regulate the Indian film industry the movie explicitly represents the creativity, views and but it is to be noted that these enactments are not full- perspectives of a director. But there have been fledged in regulating and meeting the needs posed by the circumstances were the director is denied the right to final film industry. The Indian Copyright Act was enacted in the cut. The producer may often interfere in the final cut of a year 1957 but this statute was not just regulating the film film, which they think might bring profit to them. The industry or cinematographic films. This statute was an producer might want to add or delete a scene, which he overall legislation for works, which are eligible for copyright thinks will bring profit to him. But this is actually degrading protection. The Copyright Act had undergone several the beautiful creativity of the director. amendments and the latest amendment was made in the “I did not have final cut and it was tough,” says American year 2012 and this amendment was critical for the Indian filmmaker Jim Mickle, whose crime thriller Cold in July film industry. It took nearly 55 years for the Copyright Act to starring Michael C Hall has just been released. It is a very come up with such an amendment. American story but French investors who had little familiarity Since 55 years was a long period, the film industry made with the material controlled the edit. contractual agreements in order to function efficiently. This The film director’s right to final cut is a type of moral right, solution was highly accepted among the members in the which is highly linked to professional integrity. The audience industry and as time passed these contacts were moreover evaluates a director by seeing the final end product of the film being followed like a custom or practice. The amendment of i.e. the final cut and this final cut is directly linked to the the Copyright Act in 2012 solved many issues which the film reputation of the director. Denying the right of final cut to the industry was facing and many of the practices practiced in director is a violation of moral right. the film industry was argued to be included before the Parliamentary Standing Committee. The norms, which are Right to paternity of the cinematographic film: being practiced in the film industry, are unfair practices, A film is a collective work of many artists, but for the which mostly benefit the filthy reach producer. viewers a film is the creativity and work of the director. Often films are viewed by audiences just because the film ROLE OF CONTRACTS: was directed by a renowned director. Section 77 of the CDPA It is clear from the previous discussions in this dissertation Act, 1988 mentions the right to be identified as author or with respect to the position of Indian directors not being director. granted with copyrights for their work in a cinematographic The right to be recognized as a director of a film essentially film. The sharing of rights and royalties are mostly managed means the display of his name when the film is screened in by way of these contracts. The contract between the director the theatre, during broadcast and also when the copies of of the film and the producer of the film is of significant the film are made in DVD/CD. [29] In India, it is not importance since there are no statutory laws, which protects

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the rights of the film director. It is important to note that to Another functions of these Unions, Federations and create an unbiased contract both the parties have to be at Associations are to create and generate awareness among par with each other. In the case of Indian film industry, it is the directors of cinematographic film with respect to the evident from the previous discussions that the producers importance of copyrights and the benefits, which they can sound to be more powerful when compared to the directors derive out of these valuable copyrights. These Unions and in terms of copyright and other related rights with respect to Associations formed for the welfare of film directors should a cinematographic film. [31] The producers have a greater also overlook into the contracts entered into between the haggling tendency when compared to the directors and often producers and directors and ensure that the terms and the film directors are forced to submit to the terms and conditions in those agreements are fair. The Unions and conditions of the contract made by the producers just to see Associations should put their effort to homogenize the their creativity displayed in a screen and enjoyed by contracts so that both the parties to the contract derive millions. benefit out of the same. Some of the Unions for the directors A director who is new in the film industry has little or no in India are the FEFKA and IFTDA. scope with respect to the cinematographic film directed by Hence, the role played by theses Associations, Federations him. A well-reputed and renowned director may achieve and Unions are critical in protecting the rights of directors in some rights and royalties. The main problem is that there a cinematographic film as well as to generate an awareness lacks a uniformity in the creation of these contracts. Each among the directors as to their rights. and every contract differs from producers to producers and directors to directors. CONCLUSION: India is a country with the most number of releases in Most of the contracts explicitly describe the duties and different languages around the world. The Indian film authorities of the director in the three stages of filming industry directly contributes to the development of the namely the pre-production stage, the production stage and Indian economy and the contribution of the Indian film the postproduction stage. The contract between the director industry towards the world cinema is significant. The law and the producer also bar the director from working in any governing cinematographic films in India is the Indian other cinema till the existing project is completed. Mostly, Copyright Act, 1957 and it is true that this legislation does the contracts between the director and the producer just not meet the demands of the film industry. The ultimate grant the director with the remuneration and no other creators of a cinematographic film are granted with no rights rights. And that remuneration will be a one-time amount and in the end. the amount a producer earns by selling the creativity of a Cinema is an end product of a collaborative and collective director would be ten times the amount he pays the director efforts and creativity of many individuals and it is totally along with that valuable intellectual property called unfair to disregard the rights of these creators of copyright. cinematographic film. But in India, the directors of cinematographic film aren’t given any recognition or rights ASSOCIATIONS AND UNIONS FOR DIRECTORS: and the Copyright Act, 1957, which governs the copyright There are numerous Associations and Unions for different law in India, grants that valuable intellectual property just to types of artists in the Indian cinema industry and these the producer of the film. Hence the directors of films are Associations and Unions play a critical role in preventing the denied copyrights and there by the copyright protection exploitation of their member artists. The first Association, associated with it. which was formed in the Indian cinema industry, was that of India is still a developing country but the heights, which the a Producer’s association. Before the Indian film industry was Indian cinema industry has reached, is marvelous and it has granted an “industry” status, there were no associations or certainly contributed in the development and progress of the unions for any technicians or artists except for the economy. The Cinematographic Act, 1952 mainly deals with producers. As the film industry grew and gained an the certification of films with public exhibition and “industry” status, many associations and unions popped up regulation of exhibition by means of cinematographs. The into the industry for the directors, cinematographers, Copyright Act, 1957 as well as the Cinematographic Act, technicians, editors etc. 1952 is not meeting the demands posed by the Indian The major functions of these associations and unions are to cinema industry. protect and preserve the rights of their members, dispute The Indian legislatures has to enact a legislation which settlements and to create schemes for welfare. The main governs all aspects of the Indian film industry including the feature of these association and unions like any other trade granting of copyrights to the directors of cinematographic union is the collective bargaining process. There are also films, other matters governing the contracts entered into several unions and associations for directors. Since there are between the producers and other artists and technicians, no statutory rights granted or conferred to directors, these and a legislation which governs regarding every aspect of associations, federations or unions formed for the welfare of the film industry. Since, the Indian film industry brings a lot the directors should strictly engage in the collective of income to the country it has to be regulated well with a bargaining process so that these creative heads are not legislation for itself. The Copyright Act, 1957 and the oppressed by the superior powers of wealth i.e. the Cinematographic Act, 1952 does not deal with full aspects producers and studio houses. [32] governing the cinema industry. The film directors working in Hollywood cinemas have Even though the Copyright Act, 1957 was amended in the moral rights over the film directed by them and this was year 2012 which bought many benefits to performers, music mainly because of the efforts put forth by the Director’s composers etc. who are associated with the film industry, Guild of America. The United States copyright law does not the Act did not grant film directors with any copyright or provide any copyright protection to the directors of moral rights. Due to this the Directors in India cannot enjoy cinematographic film but due to the collective bargaining of any economic rights and moral rights, which the directors in the Director’s Guild of America it at least managed to other countries enjoy. Either the copyright law should be provide its members with moral rights. [33] This practice amended again so that it can include the rights for film truly has to be followed by the Indian cinema industry too at directors or there should be a new legislation enacted so the time of creating contracts between the directors and the that all issues, rights and liabilities of artists, technicians and producers of the cinematographic film. The Directors the crew are dealt in a single legislation. Associations and Unions did not raise any concern before A film can be described as the creative input and creative the Parliamentary Standing Committee formed for making vision of the director. In the United Kingdom the Directors the amendments to the copyright act. are given copyright protection by way of the Copyright, Designs and Patent Act, 1988 and the in United States of

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America though the copyright law of the United States does 13. Murray S. (2014), Collaborative Authorship in Film not grant copyright to directors, still the directors are Production: Walter Murch and Film editing, The eligible for the moral rights of their cinematographic film International Journal of New Media, Technology and the Arts, and other rights of directors are achieved by way of Unions Virginia. and Associations namely the Directors Guild of America. In 14. Gerstner D. A. &Staiger J. (2003), Authorship and Film, India, even though there are many Unions, Federations and Routledge Publication, New York, p. 58. Associations for the Director, their efforts and collective 15. Woodmansee M. (2004), Beyond Authorship: Refiguring bargaining styles are not meeting the needs of the Directors. rights in Traditional Culture and Bioknowledge, Case The Directors copyrights are still in a dormant state in India. Western Reverse University. If Director’s are granted with copyrights and other moral 16. 2015 (4) ARBLR 176 (Delhi). rights, then they can also enjoy all these rights and have 17. Pandey A. (2013), Inside views: Development in Indian IP privileged position like all other authors to whom copyrights law: The Copyright (Amendment) Act, 2012, International IP are granted. Policy News, Intellectual Property Watch.Available at The Indian Judiciary has criticized the Copyright Act in not https://www.ip-watch.org/2013/01/22/development-in- granting copyrights to the film directors. [34] Still, there indian-ip-law-the-copyright-amendment-act-2012/.Last hasn’t been any initiative from the part of the legislature in accessed on July 12, 2019. enacting the same. As discussed earlier, India is the only 18. Retrieved from https://www.prsindia.org/billtrack/the- country that releases maximum number of films in a year in copyright-amendment-bill-2010-1121/.Last accessed on different languages which implies that there are more July 12, 2019. number of film directors in India than any other country. 19. Two Hundred Twenty Seventh Report on the Copyright Indian films sells good in foreign markets due to the Amendment Bill, 2010, Department -related Parliamentary originality of the film, which is to be directly accredited to Standing Committee on Human Resource Development, the director. Even though the Indian films have a good November 2010 available at market position in foreign markets, the industry standards https://www.prsindia.org/sites/default/files/bill_files/SCR_ and the laws, which regulate the industry, defeats Copyright_Bill_2010.pdf.Last accessed on July 12, 2019. expectation. The directors in India are losing their valuable 20. Two Hundred Twenty Seventh Report on the Copyright copyrights, which the directors in other countries enjoy. Amendment Bill, 2010, Department -related Parliamentary The ultimate aim of the Copyright Act is to protect an Standing Committee on Human Resource Development, original and creative work. Without granting film directors November 2010 available at with copyright it is difficult to say that the Copyright Act has https://www.prsindia.org/sites/default/files/bill_files/SCR_ achieved its objectives and goals. The Indian Copyright Act Copyright_Bill_2010.pdf. Last accessed on July 12, 2019. should contain a new provision which protect the director’s 21. Hugh Laddie, et al, (1980)The Modern Law of rights as well as guard those rights so that they can enjoy the Copyright,London, 1980, p.45. economic and moral rights. 22. Section 14(d)(i). 23. Dina Zipin, How exactly do movies make money, REFERENCES: Investopedia, updated on May 4th 2019 available at 1. Rabiger M. 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