FAQs on Registration of Cinematograph Films – Akruti Jha

The world of cinematograph films is a fascinating and complex one, with a myriad of regulations governing the protection and registration of such works. In India, the Copyrights Act, 1957 provides the framework for the protection of cinematograph films through copyright law, ensuring that the rights of creators, producers and other stakeholders are safeguarded. This comprehensive FAQ, prepared by our expert copyright lawyers and intellectual property lawyers, aims to elucidate the responsibilities of the Copyright Office, the intricacies of registration of cinematograph film, and the various legal requirements involved. Understanding these elements is crucial for filmmakers, producers, and copyright lawyers who navigate the domain of intellectual property rights in the film industry.

1. What are the responsibilities of the Copyright Office?

The Copyright Office is responsible for the formal examination of copyright applications. Upon receiving an application for copyright registration of a cinematograph film, the office conducts a formality check to ensure all essential documents, such as two copies of the work / cinematograph film, No-Objection Certificates from authors of underlying works and prescribed fees etc., are included. This initial review ensures that the application for copyright registration meets the basic submission criteria. Based on this examination, the concerned examiner will either accept or reject the application for copyright registration.

2. What is a Cinematograph film?

According to Section 2(f) of the Copyrights Act, 1957, a cinematograph film is any visual recording accompanied by sound recording. This definition encompasses not only traditional films but also any work or process similar to that of cinematography, such as documentaries, each episode of a TV series etc. The broad scope of this definition ensures comprehensive protection for various types of visual and audio-visual works.

3. What is Publication?

Section 3 of the Copyrights Act, 1957, defines publication as any communication of work to the public or making any work / cinematograph film available to the public. This includes distributing copies of the work / cinematograph film or performing the work in a public setting, thus making it accessible to a wider audience.

4. What is the meaning of various-right holders?

A film / cinematograph film is typically a collaborative effort involving contributions from several individuals, such as lyricists, actors, dancers, scriptwriters etc. Each contributor holds rights to their respective contributions. Therefore, an assignment agreement or a No-Objection Certificate (NOC) must be signed by all contributors / authors of such underlying works in favor of the Applicant / Producer to consolidate the rights in a cinematograph film for copyright registration purposes.

5. What are the contents of an agreement of various right-holders or authors of underlying works in a cinematograph film?

An assignment or licensing agreement between the Applicant / Producer of a cinematograph film and the contributors or authors of underlying works (various right holders) must include:

1. Work: Description of the work being assigned.
2. Rights assigned: Specific rights being transferred.
3. Duration of assignment: Duration of the assignment period (not mandatory).
4. Territorial extent of assignment: Geographic scope of the assignment (not mandatory).
5. Royalty/Consideration: Amount of royalty or consideration payable to the author or their legal heirs.
6. Signatures: Names and signatures of all parties involved.

The agreement must be in writing and signed by the assignor and their duly authorized agent.

6. What is the tenure of protection for Cinematograph works under the Copyrights Act, 1957?

The tenure of protection for cinematograph works under the Copyrights Act, 1957, is 60 years following the year in which the cinematograph film is first published. This protection period helps ensure that creators and their heirs can benefit financially from their works for an extended duration.

7. What are the registration pre-requisites that must be attached to the application?

The copyright registration of a cinematograph film involves certain pre-requisites, which are as follows:

1. Form XIV
2. Power of Attorney
3. No-Objection Certificate from other contributors, right-holders and the publisher
4. Statement of Particulars
5. Two copies of the work / cinematograph film

8. What’s the next step after the registration pre-requisites are fulfilled?

After fulfilling the pre-requisites for copyright registration, the applicant / Producer of cinematograph film must wait for a minimum period of thirty days. During this time, any third party can file an objection, claiming an interest in the work. If no objections are raised, the process for copyright registration of a cinematograph film can proceed.

9. What are the fees for registration of application under the Copyrights Act, 1957?

The fee for copyright registration of each cinematograph film is Rs. 5,000/-. If the applicant / Producer wishes to register multiple works, a separate application and fee are required for each work.

10. What if more than one work has been submitted by the applicant?

If an application includes more than one work, the applicant will receive a discrepancy letter. The applicant must then submit a fresh copy of the specific work to be registered.

11. Is there a particular format for the No Objection Certificate? What should it include?

There is no specific format for the No Objection Certificate. However, it should include:

1. A statement that the author is the creator of the work.
2. Confirmation that the author is aware of the application for copyright registration.
3. Confirmation that the author has no objection to registration of copyright of the cinematograph film.
4. A statement that the author has received full consideration.
5. The author’s signature and details.
6. What should be included in the Statement of Particulars?

The Statement of Particulars should include:

1. Column 2: Name of the entity in whose name the copyright will be registered.
2. Column 7: Name of the original producing company (author of the cinematograph film). If the rights are assigned, the assignee’s name should be mentioned along with the assignor’s interest as the owner.
3. Column 11: Names, nationalities, addresses of the owners, and the scope of rights held by each owner, accompanied by details of the assignment/license.

If the applicant lists their name under the NOC/Various-right holders column, it indicates that the rights are assigned in favor of the owner. In this case, the particulars must match those stated in Column 2.

13. Is it important to mention the royalty amount payable to the author or their legal heirs in the assignment agreement?

Yes, it is mandatory to mention the royalty amount payable to the author or their legal heirs in the assignment agreement. This ensures transparency and fairness in the distribution of royalties.

14. What if the applicant is the sole creator of the work?

If the applicant is the sole creator of the work, they must submit a notarized affidavit stating this fact. This affidavit serves as legal proof of sole authorship.

15. Is it mandatory to send an original copy of the assignment/license/NOC agreement?

Yes, it is mandatory to send the original copy of the assignment, license, or NOC agreement. This requirement ensures the authenticity and validity of the documents submitted.

Conclusion

Navigating the copyright registration of cinematograph films under the Copyrights Act, 1957, involves understanding various legal requirements and processes. From ensuring all necessary documents are in place to understanding the roles of various right holders, each step is crucial in securing copyright protection. By adhering to these guidelines, filmmakers and producers can safeguard their creative works, ensuring long-term protection and recognition.