IPR in Cinema

Dr. Gagan K LLM PhD Assistant Professor – SDM Law College Property

• Property in general – John Locke – find a thing + add labour

• Property types: – Corporeal – Incorporeal

• Incorporeal - IPR Rationale for IP protection

IF • You create a thing • You add your labour • You extend your personality

Then • You deserve to be rewarded Types of rewards

• To be identified as the creator (moral rights) • To be rewarded financially (royalties) • To control the created work Relevance of IPR to Cinema

• Cinema is a creative field • It is a confluence of many types of arts, artists, technicians, musicians, writers etc • All these people “create” something which is difficult to describe in words • For instance, a “star” may create a “mahol” / “hawaa” / “ambience” in the theatre through his/her (like Nayanthara) stardom / persona. Types of properties created by artists • Writer – story, screenplay, dialogues, storyboard • Director • Stunt master, choreographers • Cinematographer • VFX • Actors • Composer • Singers • Lyricist

Flashback 2005 - Dhoom

• Music director Pritam was in a dilemma. He had won the first award of his career for the superhit Dhoom but he would not go on stage to receive it. ?It was for our cause. I could not break the ranks,? he says. • Keeping Pritam company in the no-show protest were awardees like Sunidhi Chauhan, Kunal Ganjawalla, Sonu Nigam and Anu Malik. Even more eye-catching was the absence of Shaan and Hariharan, who were supposed to have performed with Pakistani bands Fuzon and Strings, respectively. • Source: https://www.telegraphindia.com/states/west- bengal/music-makers-sound-a-note-of-dissent-royalty- scam-rings-through-legal-portals/cid/1269891

3 idiots (2010)

• An Amir Khan-starrer 3 Idiots is turning out to be another laugh fest from Munnabhai-fame Rajkumar Hirani, but at least one person was left in tears after the film’s credits rolled out, author Chetan Bhagat said on Thursday. That was his mother. The movie is based on Mr Bhagat’s best-seller ‘Five Point Someone’ (FPS), a book inspired by his days as a student at IIT-Delhi. The makers of 3 Idiots acknowledged the connection, but Mr Bhagat’s mother left the movie hall crying because she couldn’t spot her son’s name in the credits. • “Leading movie critics have privately admitted to me that the film is 70% the book,” Mr Bhagat wrote on his blog, slamming producers for issuing pre-release statements saying the film was only 2-5% based on the book. “The setting, characters, plotline, dramatic twists and turns, one-liners, theme, message — almost all aspects that make up the story are from FPS,” Mr Bhagat wrote. • Source: https://economictimes.indiatimes.com/industry/media/ent ertainment/3-idiots-chetan-seeks-credit-aamir-says- what-for/articleshow/5401248.cms?from=mdr

Thrissur Pooram

• ‘pandi melam’ and ‘panchavadyam’ • Videographers, youtubers unable to upload their filming / live streams of temple

• Reason: Sony Pictures • The Sound Story • Resul Pookutty Inspirations / illegal copies

• Sholay – Seven Samurai (no suit) • Raabta – Magadheera (out of court) • Banda Yeh Bindas Hai – My Cousin Vinny (out of court, yet to be released) • Knock Out – Phone Booth References

• Plagiarism report https://scroll.in/reel/873364/raabta-partner- kaante-how-bollywood-has-dealt-with- plagiarism-cases Thank you slides available on: https://gaganacad.wordpress.com/

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