Protecting Web-series from Intellectual Property Rights (IPR) Infringement

Abstract:

The entertainment sector has changed and people are demanding more of binge-worthy web series. All a person needs is a device and the internet and there is no need of movie halls anymore. Everything is online, the films we come across each day, be it in any form such as short films, movies or web series is streamed online. With this switch to digital platforms, there are various threats to a filmmaker and the content is prone to be misused because it is readily accessible to anybody. The struggle of a filmmaker does not end when the film is made but it begins from the day it has become out for public viewing. Becoming a new trend, it has come up with an augmenting threat to the Intellectual Property Rights (IPR) of the filmmaker. This article will help clarify doubts regarding Intellectual Property Rights and its involvement in the process of Film Making.

Introduction

The web series is a culmination of all the thoughts and ideas of the creator in the form of sequential episodes that form a series that is posted on online platforms.

Under the Indian Copyright Act of 1957: Section 13 mentions the copyrightable subject matter which includes original literary, dramatic works, cinematography, musical, and so forth. It protects cinematography both online and offline. The bifurcation is new as web series have found a new liking in the cinema arena.

There are a few things that are important to understand before diving head in first in the market of online cinematographers otherwise you can be the one paying an awful amount of money trying to make and present your work to the audience only to end up being filed for copyright violation.

What are the important things to consider in the film making process?

• Protect oneself and others from Infringement: Researching enough to check that you are not infringing someone’s copyright. If the substantive part of the idea is stolen, that expression of idea will be copyright infringement and will be taken down.
• Film Production Insurance: A Film Production Insurance provides a safe ground to fall back on in cases such as theft, defamation, copyright, injury, etc.
• Option agreement: In case of adaption of someone’s work. Option agreement helps to transfer rights to the filmmaker for a specified period and if agreed upon adaptation of such work will be justified and no legal consequences can be taken against the filmmaker.
• Trademark Registration: It is necessary to get Trademark registered. As it is seen quite often the title of the series and the characters of the movies such as the title “Star Wars” and characters such as “Hulk”, ”Thor” etc become quite well known in the market Making it quite easy for anyone to damage the goodwill by supplying and selling various merchandise under the well-reputed characters and titles. Merchandising becomes a great source of revenue for the filmmakers as they earn through selling to the appropriate customers. It can be done by a 3^rd party which could prove to be a wrongful loss to the filmmakers.

What are the steps that should be taken by the Producer?

The producer is the commander of the film that leads the way. There’s a very thin line of demarcation between inspiration and infringement. Producers will have to be very careful while doing the following steps:

• Acquiring the Perfect Script: The Perfect script does not only mean that will be appealing to the minds of the audience but also free from damaging someone’s copyright. Script can also be an adaptation of the work and can be agreed upon by the option contract.
• Negotiation: the negotiation is done by the producer in terms of remuneration with actors which includes the transfer of rights of the actors.
• Blueprint of the story: The screenwriter is instructed to make the blueprint of the story. The screenwriter becomes the creator of such a story.
• Sequential order: Director is instructed to decide the sequence of the scenes, frames, and shots which will also affect the copyright as if it copies any idea of another expression, it will be an infringement.

What is the Idea-Expression dichotomy?

Netflix faced a copyright infringement for the Bikram documentary filed by Ghosh College which claimed that the photos used were without authorization. And another case that was against Bikram was over the “sequence of the hot yoga”. It is quite evident that the sequence plays a very important role to show that the expression has been copied, but the court held that Yoga had been an ancient practice and outside the scope of intellectual property, hence it cannot be a subject matter of copyright.[1]

The term “Sequence” is a mere compilation of facts and it does not necessarily mean it is expressing the same idea. In another case of Tiger Shroff’s film Baaghi was filed for infringement of copyright because the last twenty minutes were the exact copy of Raid: The Redemption.[2] Court held that the expression might be similar but if the result is different and the storyline is different, it is not a copyright infringement. The main objective of copyright is to see if it infringes on the original content creator’s idea. If it has been fit in other circumstances, it will be outside the scope of copyrightability.

Online Content Streaming on Netflix

Netflix has become the largest platform for Web Series and Movies and it has become really popular as it has hit the right nerves at the right time by procuring the Intellectual Property Rights (IPR) and still is advancing and developing as there is no stopping in development in regards to technology, online streaming, and involvement of competitors.

How can your web series be on Netflix without any copyright issues?

• Netflix will negotiate with the original content creators for ownership of copyright. So, a producer can negotiate and get due credit for the film and get streamed on a globally accessed portal. Producers by selling their content transfer rights to Netflix.
• Netflix also gives out licenses for the Right of Reproduction of existing works which can be procured.
• Netflix enjoys its production as well and as a producer, it might be beneficial to get in touch with Netflix to help with the film and script in hand.

Conclusion

The steering wheel is held by the producers and it is their job to scrutinize every negotiating document dealing with Intellectual Property Rights (IPR). It is evident from Bikram’s Case that the scope of copyrightability and also question of authorization arises, and it should be a lesson for all the content creators for not indulging in unauthorized usage of work.

There is still scope for new interpretations regarding the subject matter of copyright, if the sequence is unique and delivers an idea; can be granted copyright protection.

Many filmmakers might have the same idea for a film, but the copyright depends upon the expression of the work and how the idea of the content creator is delivered. To be granted Copyright of the web Series, Be unique over the expression of the idea and not the idea itself.

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References:

[1] https://www.thehindu.com/entertainment/movies/bikram-documentary-in-copyright-row-even-as-fugitive-guru-likely-to-set-sail-in-india-in-jan-2020/article30150334.ece

[2] https://timesofindia.indiatimes.com/entertainment/hindi/bollywood/news/Baaghi-makers-in-legal-trouble-over-similarities-to-The-Raid-Redemption/articleshow/51724061.cms