How to Copyright a Cinematograph Film in India: A Comprehensive Guide

In the dynamic world of filmmaking, creative content protection is essential. Copyrighting a cinematograph film provides that legal protection for both artistic and financial interests, and grants exclusive rights over the work, enabling control over its distribution and monetization. This protection helps prevent unauthorised use, ensures the integrity of the content, and supports broader dissemination without the risk of infringement.

The following article outlines the process of copyrighting cinematograph films in India, along with insights into its benefits, eligibility criteria, and other key considerations.

Understanding Copyright in Cinematograph Films

What Is a Cinematograph Film?

Under the Copyright Act 1957, a cinematograph film is defined as a sequence of visual images that are recorded on any medium, including digital formats, which can be shown as a moving picture. This includes feature films, short films, documentaries, animated films, and even television programs.

It is important to note that the copyright for a cinematograph film applies not only to the finished film but also to various components, such as the script, the music, the direction, and the cinematography.

Rights Conferred by Copyright

Once a cinematograph film is created, the creator (or copyright holder) has several exclusive rights. These rights include:

1. Reproduction Right: The right to reproduce the film in any form, including copying, distributing, or making derivative works.
2. Performance Right: The right to perform the film publicly, whether in cinemas, on television, or through streaming services.
3. Broadcast Right: The right to broadcast the film through various mediums, including television, cable, and satellite.
4. Distribution Right: The right to distribute copies of the film to the public through various channels, such as DVD sales, digital downloads, or streaming platforms.
5. Moral Rights: The right to be credited as the creator of the work, and the right to object to any distortion, mutilation, or other modification of the film that may harm the reputation of the creator.

These rights are generally held by the producer or the person who owns the rights to the film. However, directors, scriptwriters, and musicians involved in the creation of the film may hold certain rights over their respective contributions.

Category of Work Copyrighted under Cinematograph Film

Cinematograph films cover a wide range of visual creations, each eligible for copyright protection when they reflect originality and creative effort. Below is a list of the different categories of copyright

1. Feature Film

These are long-form narrative movies made for cinema release. They involve a structured storyline, professional actors, and high production value.

2. Short Films

Short films are compact visual stories, usually under 40 minutes. They focus on a single theme and are often used to showcase new talent.

3. Documentaries

These are factual films that present real-life subjects. They aim to inform or raise awareness about social, political, or historical issues.

4. Animations

Animated films use drawn, digital, or stop-motion techniques. They bring fictional characters or ideas to life using creative visual storytelling.

5. Music Videos

These combine music tracks with visual storytelling. They often highlight the mood or message of a song for promotional or artistic purposes.

6. Advertisements and Commercials

These are brief promotional videos. They are created to market goods or services across TV, digital platforms, or cinemas.

7. Web Series and OTT Content

This refers to episodic video content made for platforms like Netflix or YouTube. It includes dramas, comedies, or documentaries released online.

8. Educational and Training Videos

These are structured visual materials created for learning. They are used in schools, workplaces, or online courses to explain concepts or procedures.

9. Corporate Films

These are internal or public-facing videos produced by companies. They may cover company values, product overviews, or employee training.

10. Event Recordings

These are live video captures of functions like weddings, concerts, seminars, or public speeches. They serve as a visual record for later use or sharing.

Documents Required for Copyrighting a Cinematograph Film

Listed below are a few of the documents that are required for copyrighting a cinematograph film

1. Form XIV: The official application form for copyright registration of cinematograph films
2. Statement of Particulars (Sop): This document provides detailed information about the film. This includes its title, language, durations and the names and addresses of the producer and other key contributors.
3. Two Copies of the Work: You also need to submit two copies of the cinematograph film. If the work has already been published, only one copy is required. ?
4. Power of Attorney: If you apply with the help of any advocate or an individual, you need to sign a Power of Attorney. ?
5. No Objection Certificates (NOCs): Obtain NOCs or agreements from various contributors involved in the film, such as scriptwriters, music composers, lyricists, and performers, to confirm their consent for the registration.?
6. Publisher's NOC: If the film has been published and the publisher is different from the applicant, a No Objection Certificate from the publisher is required. ?
7. Proof of Payment: Along with the documents, you need to include the receipt or proof of payment of the prescribed registration fee.

Registration Fees for Copyright Cinematograph Films

Listed below is the prescribed fee to copyright a cinematograph film

Steps to Copyright a Cinematograph Film in India

While copyright protection is automatically conferred upon the creation of a cinematograph film, registering your film with the Copyright Office of India provides legal proof of ownership and can be vital if you need to defend your rights in court.

1. Create the Cinematograph Film

The first step in copyrighting a cinematograph film is to create the work itself. Whether it’s a full-length feature film, a documentary, or a short film, it must be recorded and fixed in a tangible medium (such as digital video, tape, or film reel) to be eligible for copyright protection.

2. Ensure Ownership of All Rights

Before proceeding with copyright registration, make sure you have the legal right to register the film. If the film is being produced by multiple contributors, such as a director, writer, and producer, it's essential to have clear agreements that assign the ownership of the copyright to the appropriate parties.

In India, under Section 17 of the Copyright Act, the producer of the film is usually considered the first owner of the copyright unless otherwise agreed upon. For films produced by multiple parties, it's important to ensure that all rights are assigned or licensed properly, often through contracts that specify who holds which rights.

3. Register the Film with the Copyright Office

While copyright protection is automatic upon the creation of the work, it’s advisable to register the cinematograph film with the Copyright Office of India. Registration provides a public record of your work, and it serves as proof of ownership in case of disputes.

4. Registration Process Steps:

To copyright your cinematograph film, you need to follow the steps listed below:

Step 1: Go to the official website

To copyright a cinematograph film in India, visit the official Copyright Office portal. In case you are an existing user, you can log in with your credentials, while new users must register with their basic details. After registration, securely note down the login credentials for future use during the application process and tracking.

Step 2: Apply for copyright registration

Once you have registered in the official portal, you need to navigate to the “e-filing of copyright application” option on the official website. Select "Registration of Copyright (Form XIV)." Fill in all required details in the form, which includes the applicant’s name, address, and work type. You must ensure that you and your advocate have signed all the documents before submission.

Step 3: Pay the prescribed registration fees

After submitting Form XIV, the next step is to pay the registration fees for copyrighting the cinematograph film. Payment can be made online using a debit/credit card or through net banking. Ensure that the payment is successfully processed before proceeding further with the application.

Step 4: Issuance of Diary Number

Once the copyright registrar receives the application, they will issue a diary number. This diary number serves as proof that the copyright registration process has officially begun. With the diary number, you can keep a track of the status of your application throughout the process.

Step 5: 30-Day Waiting Period

After receiving the diary number, you must wait for 30 days. This waiting period allows others to raise objections to the copyright registration. During this time, you can check the status of their application on the official portal. If no objections are received, the application will proceed to the next step. However, if there is any opposition, the process will be paused for further review.

Step 6: Objecting to the Application

The scrutinizer may raise objections to the copyright application for various reasons. Listed below are a few of the reasons for objection:

• Lack of originality: If the work lacks originality, such as being copied from another source, it is ineligible for copyright protection.
• Existing prior claims: If the work already has a registered copyright, the new application will be rejected.
• Incomplete or incorrect application: Missing documents or errors in the application, like missing No Objection Certificates (NOCs), can lead to objections.
• Violation of public order or law: Content that is illegal, obscene, or defamatory cannot be copyrighted.
• Failure to respond to queries: If you do not provide the requested information, the application may be delayed or rejected.

Step 7: Notifying the Applicant

Once the scrutinizer raises objections to the copyright application, you will be notified. The notice will explain the reasons for the objections and include details of the party opposing the application. You must reply within the given timeframe and provide any necessary clarifications and supporting documents to resolve the issue.

Step 8: Replying to the Objection

After receiving the objection notice, you have 30 days to reply. In your response, you need to justify your ownership of the work and provide necessary documents. These may include:

• Proof of ownership or originality of the work.
• Additional documents like No Objection Certificates (NOCs), revised forms (if required), and agreements.

Step 9: Attending the Hearing

If the issue isn’t resolved through written communication, the registrar will arrange a hearing. You must attend with your lawyer. During the hearing, you’ll have the chance to address any issues with your application. The registrar will review the evidence and decide whether to approve or reject your claim. If rejected, you may need to make the required changes.

Step 10: Resolving the Opposition

After resolving any objections from the scrutinizer, your application may still face opposition from a third party. If someone files an objection, the Copyright Office will send you a notice mentioning the objector’s name and reason. You must reply within 30 days. The outcome will depend on the evaluation of both the objection and your response.

Step 11: Send the Response to the Opposition

You must send a written reply to the opposition within 30 days from the date of receiving the notice. In your response, you must clearly state why your cinematograph film deserves copyright. You also need to attach important documents such as proof of originality, a co-creator agreement if there are multiple creators, and evidence that shows earlier ownership or publication. These documents help prove that your work is original and belongs to you. The Copyright Office will review your reply and documents before you move to the next step.

Step 12: Opposition Hearing

If the opposition does not get resolved through written replies, the Copyright Office will arrange a hearing. You and the opposing party will receive a notice with the hearing date. Both sides must attend and submit documents to support their claims. During the hearing, the registrar will check if the cinematograph film is original, who truly owns it, and whether any agreements or contracts prove ownership. Based on these facts, the registrar will decide whether to allow or reject the copyright application.

Step 13: Registrar’s Decision

After reviewing the documents and hearing from both parties, the registrar gives the final decision. If your claim proves valid, the application proceeds. If not, the registrar may reject or hold it. You will then receive a chance to make necessary corrections and submit your application again.

Step 14: Receiving the Copyright Registration Certificate

Once your application is approved, the Copyright Office will issue a registration certificate. This document proves your legal rights over the cinematograph film and protects it from misuse or copying.

Validity of Copyright in Cinematograph Films

In India, the copyright protection for cinematograph films is granted under the Copyright Act, 1957. The copyright for a cinematograph film remains valid for 60 years from the year of its first release.

The term starts from the beginning of the calendar year following the year when the film was first made available to the public. After this period, the exclusive rights over the film expire, and the work enters the public domain.

Benefits of Copyrighting a Cinematograph Film

Listed below are the benefits of copyrighting a cinematograph film:

1. Exclusive Rights: Copyright grants creators the exclusive right to reproduce, distribute, and publicly perform their film. This prevents others from using the work without permission. This, in turn, helps to ensure that creators can monetise their intellectual property.
2. Protection against Unauthorized Use: It shields films from illegal copying or distribution. If someone violates the copyright, creators can take legal action to stop infringement, and protect the integrity and commercial value of the film.
3. Revenue Generation: Copyright allows creators to license their work to third parties, such as distributors or streaming platforms. This provides additional income and increases the commercial success of the film.
4. Moral Rights: The creator retains the right to claim authorship and object to any modification or misrepresentation of their work. This ensures the film is presented as intended and maintains its artistic integrity.
5. International Recognition: Copyrighting a cinematograph film in India ensures protection under international treaties like the Berne Convention, which grants global protection against unauthorized use in countries that are members of the treaty.
6. Long-term Benefits: The copyright can be transferred or sold, which allows the owner to benefit from long-term financial returns. This allows for continued revenue even after the film's initial release.
7. Increased Marketability: If you have a registered copyright can make a film more attractive to investors, distributors, and partners, as it assures them of legal protection and clear ownership rights.
8. Legal Protection: With copyright protection, creators can file lawsuits against infringers, which enables them to claim damages or prevent further unauthorized use of their film. This legal protection secures the creator's rights.

Enforcement of Copyright

If someone uses your cinematograph film without permission, you can take legal action to enforce your rights. The Copyright Act of 1957 provides for both civil and criminal remedies for infringement:

• Civil Remedies: You can file a lawsuit for damages, seek an injunction to stop the infringing activity, and demand the seizure of unauthorized copies of the film.
• Criminal Remedies: In cases of severe infringement, such as large-scale piracy, criminal charges can be filed, with penalties including fines and imprisonment.

Copyrighting a cinematograph film in India is a relatively straightforward process, but it’s crucial for filmmakers to ensure that their work is properly protected. Registering the film with the Copyright Office provides legal recognition and helps safeguard against infringement. By understanding your rights and following the necessary steps, you can ensure that your creative work remains protected and that you can enjoy the benefits of your intellectual property for years to come.

To copyright your cinematograph film, you need a trusted and reliable partner to guide you through the process so that the filing process goes on smoothly. Among other service providers, Online Legal India offers expert consultation to guide you through every step. Contact them today.