Introduction
Shepard Fairey, renowned for his pioneering stance in the early days of copyright legislation, articulated a powerful argument. He passionately contended that copyright regulations should be a wellspring of inspiration for creativity rather than a stifling impediment. In his view, the fundamental purpose of copyright was not to hinder but to cultivate the innovative spirit, igniting the flames of human imagination. Delving further into the realm of intellectual property protection, especially concerning integrated circuit (IC) layout designs, it becomes evident that a multifaceted shield is in place. This protective fortress encompasses various elements such as design patents, copyrights, trademarks, geographical indications, and the safeguarding of closely guarded trade secrets. However, a glaring void exists in the Indian legal framework, where the protection of trade secrets remains elusive due to the absence of well-defined regulations.
Copyright, as Fairey ardently championed, is a robust bastion that shelters a vast array of artistic expressions. Whether it’s the written word, the melodious notes of music, the captivating narratives of films, or the ethereal beauty of sound recordings, copyright extends its protective mantle over them all. Notably, it’s essential to differentiate between copyright and software patents. While software patents find their limitations concerning computer programs, copyright provides a sturdy fortress for creative works. In the realm of cinematic achievements, the endeavors of movie producers and authors are significant. Their relentless dedication to promoting their creations on a global stage, often culminating in prestigious awards, stands as a testament to their commitment. This pursuit of excellence, though, sometimes leads to the unique challenge of ensuring that movie titles, like any other creative work, are shielded from misappropriation, reducing confusion, and maximizing financial benefits. This distinction sets the stage for the core inquiry of this article, which probes into the intricate domain of whether movie titles are safeguarded by copyright rules.
Shepard Fairey’s vision of copyright as an enabler of creativity continues to resonate. In the labyrinth of intellectual property, whether through the protective aegis of copyright or the intricate dance of trade secrets, the tension between preserving creative ingenuity and nurturing it is an ongoing, dynamic dialogue. This article embarks on the journey of unraveling the nuanced layers of protection surrounding movie titles, aiming to provide clarity and insight into the complex interplay of creativity and legal safeguards.
There Is Copyright Protection For Movie Titles
A film’s name or label serves to distinguish it from other films. The title of the film is the first hint to the viewer that the dramatist has put a lot of thought into it. The film’s title correctly describes what could happen in the plot. The title distinguishes it from competitors and is one of the most essential factors in successful production and production companies. In the entertainment sector, registering titles with film organizations is standard practice. The title of a film is not considered to be a statement of an idea. The Copyright Act protects how ideas are conveyed rather than the ideas themselves.[1] There is no copyright protection for ideas, and there is also no provision in the copyright rules that protects movie titles because copyright protection for ideas would hinder fresh invention and creativity.
What Is Its Economic Significance Intangible Property Rights Include Intellectual Property Rights?
These rights provide protection to the original creators/authors/owners. Just like any other tangible asset, intellectual property rights can be mortgaged, sold, leased, purchased, and licenced. If intellectual property theft isn’t reported, the original author/creator/owner will lose motivation and won’t be able to create another masterpiece. As a result, neither the author/creator/owner of the original work nor the government will be compensated. The government’s ability to improve the country solely through public funding, such as infrastructure development, will harm the economy. When you examine the intellectual property portfolios of the world’s industrialised nations, you’ll notice that they have a diverse range of intellectual properties that they may monetize for commercial development and economic success. If copyright is not secured, authors and artists will be unable to defend their work and prevent it from being misused.
Related Provisions
As we’ve just shown, the Copyright Act doesn’t prevent movie titles from being plagiarised. A trademark protects the brand name of any company. If the movie title is protected under the Trademarks Act of 1999, it can be protected from infringement if it is used without the owner’s express consent later, and if it isn’t, it can be protected under the act of passing off if the earlier user can be shown.[2] The films’ titles are protected under the Trade Marks Act of 1999. The titles of the films are protected under Class 41 of the Trademarks Act of 1999, which covers entertainment services.
The Registration Of Titles By The Film’s Industry
Registration of titles with film organizations such as The Indian Motion Picture Producers’ Association (IMPPA) is a non-profit organisation that promotes filmmaking in India. It is sometimes known as the Association of Motion Picture and Television Program Producers (AMPTPP) or the Film Writers’ Association. The production of films in India is a common business practice in the entertainment industry, as previously mentioned. This is done in good faith to keep their film titles from being used without their permission. As stated in the preceding paragraph and further clarified in the following decisions, this practice is protected under class 41 of the Trademarks Act of 1999.
Trial Successes: Court Winning Cases
Association of Motion Pictures v. Fisheye Network Pvt. Ltd.
The plaintiff submitted a trademark application with the Association of Motion Picture and Television Program Producers and others in 2005 for the title “Thank You.” A title’s registration with an industry group does not guarantee that it will not be used by others. To qualify for statutory protection, the title must first be registered as a trademark. The plaintiff was aware that UTV had been using such a title since May 2005, and that it lacked copyright protection due to its lack of registration. If the court had issued an interim injunction at that point, the production house would have suffered losses.[3]
Kanungo Media (P) Ltd. v. RGV Film
Kanungo Media (P) Ltd
The plaintiff, in this case, had previously developed a film called “Nistadbd,” which was later changed to “Nisshabd” due to astrological and numerological conditions. The defendant was also working on a film called “Nishabd,” which was slated to hit theatres in the next ten days. To realize his ambition of filming a film, the plaintiff had invested his entire life savings and received financial aid from friends, family, and relatives. The French government also gave the plaintiff a hefty monetary prize known as ‘FONDS SUD CINEMA.’ To meet one of the prerequisites for obtaining a grant for the film’s production, the plaintiff additionally brought on board M/S Artcam International, France as a co-producer. The producer petitioned the Central Board of Film Certification for clearance of the film title on 08/06/2005 through the Western India Film Producers Association, which was granted on 17/06/2005. The plaintiff claimed that the defendants’ use of the title was a deliberate attempt on the defendant’s part to smear his reputation by releasing a picture with the same title to profit solely from the title. The plaintiff claimed that he was entitled to the first use of the title since he applied for it before the defendant and that the defendant had no right to use the same title. The defendant has already invested a substantial sum of money in the creation and distribution of the picture.[4]
According to the court, the plaintiff allowed the defendants to complete the film’s filming and post-production, and the plaintiff should have stopped them as soon as the defendants indicated that they were working on a film called “Nishabd.” The plaintiff will not be able to secure an injunction because it is far too late, and the defendants will incur huge losses. As a result, the lawsuit was dismissed, and the plaintiff was denied an injunction.
Bishwaroop Roy Choudhary vs. Karan Johar
On May 17, 2005
The plaintiff filed a trademark/title “KANK” registration under the Trade Marks Act Class 41. Neither party coined the term “KANK” on their own, according to the court. Long before the plaintiff and defendant pondered producing a movie out of it, people had been using the word “KANK.” Exclusive use permission would be granted only after a comprehensive investigation of who has used the mark for a longer period. The judiciary cannot employ any popular term entirely or exclusively. The defendant applied for trademark registration with the Trade Guild and the Registrar of Trademarks. He’d completed the film’s production, sold the music rights to Sony BMG Music Entertainment (India) Pvt. Ltd for Rs 5 crores, and sold a large number of copies in the market, so he was ready to release it in theatres. Because it would have resulted in severe losses for the defendant, the court could not grant the plaintiff an injunction at the time. When the plaintiff learned that the defendant was preparing to use the title for his new film through newspapers, trade guilds, or groups, he failed to utilize it and moved quickly. As a result, the plaintiff’s request for an injunction was denied, and the court ordered the distribution of the picture with the same name.
CONCLUSIONS
We’ve seen enough copyright infringements as a result of removing a film’s title. Rather than simply registering a film’s title with studios, it should always be protected as a trademark. To avoid losing sleep over the opponent’s rights and approaching the authorities when it’s too late, the injunction applicant must be watchful and keep a careful check on who is registering for the applicant’s film title with movie producers and the intellectual property office.
Author : Balveer Godara, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at IIPRD.
[1] Digital Media Law Project. (2020, June 17). Retrieved October 25, 2021, from https://www.dmlp.org/legal-guide/copyright
[2] Copyright infringement. (2021, October 10). Retrieved October 25, 2021, from https://en.m.wikipedia.org/wiki/Copyright_infringement
[3] Legal Service India. (2019, July 5). Copyright of Cinematograph Films and Sound Recording – Video, song, Film. Copyright of Cinematograph Films and Sound Recordings. Retrieved October 25, 2021, from https://www.legalserviceindia.com/copyright/Cinematograph-Films.html
[4] Sharf, Z. (2019, December 18). The 20 Most Controversial Films of the Decade. Retrieved October 25, 2021, from https://www.indiewire.com/gallery/controversial-films-decade-2010s/
