INTRODUCTION
Within the complex world of television entertainment, reality shows have made a mark for themselves so solid and their impact is now felt everywhere. Audiences worldwide have simply been glued to their compelling tales, drama, and uncanny turns. However, in the shining world of the screen, a plethora of legal issues adorn the fabric of the cloth from the backside, bringing forth just what IPRs (Intellectual Property Rights) mean in the industry. But these rights, whether copyright privileges or trademark privileges – bolster their support for reality TV series’ success and longevity.
Integral to reality TV shows is a plethora of creativity and innovation, all planned by the producers, the writers, and the creators, to engage audiences and fundamentally occupy a unique space in the vibrant entertainment market. The last line of defence of this creative asset is copyright law as it protects the individualisation of ideas that give life to each reality TV show. Starting with the storylines developed out of spontaneous interaction and culminating with the felt emotions conveyed by powerful visuals, every aspect of reality show production reflects the principles of creativity. These elements are protected by copyright and grant the creators the ability to control their imagination’s reproduction, distribution, and public display. In this way, it becomes the starting point for the construction of the foundation of piracy, allowing the creators to protect their work and choose the direction of the development of their art.
REASONS FOR THE NEED FOR INTELLECTUAL PROPERTY LAWS IN INDIA
Proprietary business transactions are also promoted because IP laws provide legal backing to individuals who produce different inventions, arts, and other innovations and hence will invest ample of their resources, time, and efforts in developing modern technologies, arts, and other forms of property as may be the case. With this protection, people and companies can enjoy their new inventions and discoveries without thinking that they will be bent by other individuals or companies without the consent of the owner and originator of the new creation.
Promotion of innovative ideas, growth of businesses, and investment in technological and new products and services; all activities are backed by strong IP laws. It helps create an environment that permits expanding IP commercialization and generates the formation of sectors that include production, technologies, entertainment, and medicine.
The substantial use of TRIPS-compliant measures for the protection of intellectual property rights and the assurance given to foreign investors by the government of India compelled the various companies and investors to enter into joint ventures, licensing agreements, and technology transfers.
INTELLECTUAL PROPERTY LAWS IN INDIA
There are various IP Laws in India The Trademarks Act (1999), The Patents Act (1970), The Design Act (2000), The Geographical Indications of Goods (Registration and Protection) Act (1999), and The Copyrights Act (1957). For this blog, we will delve deeper into the Copyrights Act (1957).
THE COPYRIGHTS ACT, 1957
It must be noted that copyright is a safeguard for the expression of the idea and not the idea as such. According to Section 13 of the Copyright Act, one can make protection under copyright for original literary and dramatic work, musical work, artistic work, cinematograph films, and sound recordings. Surprisingly, registrable copyright can also be sought in computer programs.[1] A copyright is an ‘exclusive right’ that is granted to an individual to perform or permit others to do, certain activities about the copyrighted material. For: In the case of any literary, dramatic, or musical work, it is legally allowed for the owner him or herself, or any person whom the owner may authorize to do so; to translate such work or part of the work; adapt the work, and the like.
It is quite evident from Section 17 of the Copyright Act on the ownership of the first instance that the author of the original work for which protection under copyright has been sought shall be the first owner of the work. Furthermore, the owner has the option of entering into an agreement by which they allow third parties to license the copyright of their work.[2]
In respect to published literary, dramatic, and artistic works copyright protection shall be given for 60 years following the period of the life of the author of the work.
Apart from the protection given to copyright granted under the law, the Copyright Act also bestows on the author some special privileges by Section 57. An author/owner of the copyrighted work, even if he has transferred his work, wholly or partly, to another person, has the right to publish the work under his name and the right to claim damages when such distortion or any other derogatory act prejudice the author or his reputation.[3]
IP laws safeguard folklore, Indigenous knowledge, and traditional cultural assets so that they cannot be exploited. This promotes cultural preservation. They ensure that indigenous peoples and traditional medicine, men’s and women’s rights, and their culture are protected for the generations to come.
COPYRIGHT CASES IN INDIAN TELEVISION INDUSTRY
Star India Pvt. Ltd. Vs. Leo Burnett India Pvt. Ltd. & Ors.[4] Leading television network Star India Pvt. Ltd. filed a copyright infringement lawsuit against Leo Burnett India Pvt. Ltd. and others in this case, alleging that they copied their game show format “Kaun Banega Crorepati” (the Indian equivalent of “Who Wants to Be a Millionaire?”) for use in product promotion. The defendants were granted an injunction to prevent them from exploiting the copyrighted parts of the game show format after the court decided in favour of Star India.
Myspace India Pvt. Ltd. & Ors. vs. Super Cassettes Industries Ltd.[5] (T-Series), one of the biggest record labels in India, T-Series, sued Myspace India Pvt. Ltd. and others for allegedly hosting and disseminating music songs that violate copyright on their website without permission. The defendants were mandated by the court to take down the infringement-causing content from their website and compensate T-Series for the copyright infringement.
Zee Entertainment Enterprises Ltd. vs. Sony Pictures Networks India Pvt. Ltd. & Ors.[6] , major TV network Zee Entertainment filed a copyright infringement lawsuit against Sony Pictures Networks India Pvt. Ltd. and others, claiming that the latter two companies had copied the format of Zee Entertainment’s reality show “India’s Best Dramebaaz” for a show that was identical to it called “Sabse Bada Kalakar.” Zee Entertainment was given an interim injunction by the court, preventing Sony from airing the allegedly infringing show until the dispute was settled.
CONCLUSION
Thus, it is evident that the area of reality television, as fascinating and beneficial as it might be, poses certain legal issues about IPRs. Reality shows are creative and innovative products of producers, writers, and creators and cannot be an exception to this fact. Copyright law remains the protection measure of the unique aspects inherent in the show’s facets, including storyline and graphics.
This blog has revealed that India needs strong IP laws because of the functions of IPs in encouraging proprietary business transactions and supporting innovation and investment. The foundation can be laid with the Copyright Act of 1957 which safeguards the authors and enables them to regulate the utilization and distribution of their work.
Author(s) Name: Ananya Mishra (Institute of Law, Nirma University)
References:
[1] The Copyright Act 1957(India), s 13
[2] The Copyright Act 1957(India), s 17
[3] The Copyright Act 1957(India), s 57
[4] Star India Pvt. Ltd. v. Leo Burnett India Pvt. Ltd. & Ors [2014]
[5] Myspace India Pvt. Ltd. & Ors. v. Super Cassettes Industries Ltd. (T-Series) [2011] FSR 15.
[6] Zee Entertainment Enterprises Ltd. v. Sony Pictures Networks India Pvt. Ltd. & Ors. [2017] SCC OnLine Del 12139.
