News By/Courtesy: Varsha Subramaniam | 19 Nov 2020 10:15am IST

HIGHLIGHTS

  • 'Mass Media' vary from place to place all around the world in accordance to political, economical and regional climate of the area it is covering.
  • There are versatile laws and regulations which are there in existence in order to have a proper mechanism through which the media and the entertainment industry can flourish in this country.
  • Media and press is an extremely powerful sector in a country and it is very important to be aware of the laws, regulations, and legal properties regarding this sector.

Legislations Regulating The Indian Film Industry

The legislation which regulates the Indian film industry are as follows:

  • The Copyright Act of 1957, which defines
    1. The various rights which exist in the copyright of a film.
    2. Rights of the author of the film
    3. The term/time period of the copyright
    4. The process of assignment of a license for the copyright.

      The Copyright Act of 1957 specifically sets out the regulations on the infringement of the copyright of a movie/film, and it is considered as one of the most crucial laws in the media and entertainment industry.
       
  • The Cinematograph Act of 1952, which includes
    1. Provisions for licensing and certifying the cinematography of films.
    2. And also includes the regulation of the exhibition by means of cinematography.

Contractual Aspects Of The Film Industry

The contractual aspect of this industry is quite the base of its existence.

The various kind of contractual aspect can be classified as follows [1]:

  • Finance Agreements
    These are the kind of agreements that contains the investors as the parties to the agreement as they are the ones who are financing the project in order to be made. These agreements include various banks and financial institutions and also other co-producers who interested to invest their money in the making of the film.
     
  • Actors, Writer, Director, and Crew Agreements
    These kinds of agreements are quite popular in nature and also one of the important agreements in this sector. These agreements are the kind in which artists and authors seek copyright for their work and contribution in order to get paid in form of royalties.
     
  • Agreement of Distribution
    This agreement conducts the public showcase of the film around the world which commonly conducted between the producers who distribute the rights of the film.
     
  • Literary Acquisition Agreement
    This agreement detects whether the acquired script is original, adapted, or translated from a previously existing work. This is an essential agreement since the producers are required to know the origins of the script they are purchasing.

 

Areas Of Litigation

The common areas of litigations in the film sector are as follows:

  • Claims of Intellectual Property rights regarding the ownership of rights are quite common in this sector.
  • Trademark infringement includes producers using the production companies' names and logos which are previously owned by other companies.
  • Piracy issues occur due to the existence of:
    1. A huge number of the low-income group
    2. High ticket prices
    3. Easy access to digital gadgets and recording devices

      A study which was held by the Motion Picture Distribution Association (MPDA) has ranked India as one of the top 10 countries which leads to Online Piracy [2].
       
  • Censorship which is governed by the Central Board Of Film Certification has the authority to censor a part or whole film and often certain injunctions are also sought in order to stop a film to be released due to its sensitive contents.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. 

Section Editor: Pushpit Singh | 19 Nov 2020 19:45pm IST


Tags : Entertainment industry

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