The recent times have witnessed a few controversies with regard to copyright arena, with authors, lyricists and composers asserting their rights in their creations. According to the Copyright Act, in assignment of copyright, the author or the creator assigns all copyright in the work to the producer, who wants to adapt the work in another medium. Thus, in case of cinematograph films, in accordance with Section 17 (b), the producer becomes the first owner of the copyright. Similarly, in case of music composers, writers and lyricists, who are commissioned by the producer for reward or valuable consideration, to provide music or write lyrics or script for the film, do not own the copyright in their creations, and the producer becomes the first owner of the copyright.

Inspite of this, the author retains the moral right to be identified or quoted as the author of the work on which the film is based. The recent controversy that arose in respect of the film ‘3 Idiots’ is an example. The film is based on the book, ‘Five Point Someone’ by Chetan Bhagat, who asserted his moral right to be displayed in the credits prominently. His name was displayed in the rolling credits of the film, in the end, while the name of the scriptwriter was displayed in the beginning of the film and even more prominently. Moreover, the producers of the film denied a major contribution of the book in the movie by saying that it constituted only 5-7% of the movie. Chetan Bhagat alleged that the movie borrows considerably from the novel, the plot, the characters and the set up; hence, a one-line attribution of the movie being based on the novel is not sufficient. The producers of the movie refused to budge, however, the matter is reported to be able to settle by mutual agreement between the parties. Chetan Bhagat has said that he would be content with his credits being displayed prominently in the film.

Closely following this brawl is the tiff between the lyricists and the actors, the latter claiming that there is no contribution of the lyricists in the songs of the films, since the actors make them popular. The latest Copyright Amendment Bill, that is to be tabled in the Parliament aims at providing royalty rights to the lyricists, music composers, and writers when their works are used in any other medium except cinematograph film and sound recordings. This would empower the authors to thus claim profits when their works are further adapted into say ringtones or advertisements and the like. Hence, while assignment of copyright, a blanket clause in the contract “assigning all copyright, whatsoever” in the work will not be possible for the producers. Moreover, Section 18 of the Bill provides that no such assignment shall be applied to any medium or mode of exploitation of the work that did not exist or was not in commercial use at the time in the assignment was made, unless the assignment specifically referred to such medium or mode.

While the debate goes on about the lack of public consultation on the newly introduced provisions, as also the contention amongst stakeholders, the Ministry for HRD, under which the administration of Copyright Law falls, has constituted a Joint Committee to review the provisions of the new Copyright Bill.