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COPYRIGHT VS DEFAMATION

             The recent tussle between the well-known actors Actor Dhanush and  Actor Nayanthara over the use of few seconds of  behind the scenes footage from the movie sets of the movie ‘Nanum Rowdy Thaan’ in her recent Netflix release NAYANTHARA - beyond the fairy tale, is all over the internet. While there are people voicing out in favor of both the actors, this article is only trying to explore the legal aspects involved in this issue. Firstly, Dhanush being the producer of the above mentioned cinematograph film is the rightful and 1 st owner of the copyrighted work in the absence of any agreement to the contrary. As per the Section 17 of the copyright Act, 1957. Further, Section 14 of the Act is exhaustive of the ways in which an owner of a copyright can exploit his work. Actor Nayanthara in her public letter addressed to Actor Dhanush was very derogatory in nature and was in many places a personal attack on his character and defamatory in nature. Nevertheless, in the given case

CINEMA AND IP

 

CINEMA AND IP 

Cinematograph film in terms of the copyright act 1957 and in general terminology what we refer to as Movies, films, cinema is a very complex art form and this intellectual creation involves the creative thought process of numerous individuals. The potential ways and avenues of exploiting such an intellectual property has witnessed a dramatic shift in the recent times.



A cinematograph film or a movie consists of a bundle of intellectual property rights such as songs, lyrics, scripts, sound recordings, characters etc., each one of them inherently and independently capable of optimum exploitation.

In addition to that, the advent of OTT platforms and technological advancement has paved way and demand for creation of more content.  Further, the audience of a cinematograph film are diverse transcending language and geographical barriers. This excessive patronage has not only seen improvement in interesting, different and  commendable  content creation but has also led to improvement in the quality of the film in terms of clarity in picture, sound, computer graphics etc.

The current scenario has created a fertile base leading to various  other intellectual properties; such as inventions of high definition cameras, software’s, TV's with HD screens and other equipment of movie making to enhance the whole movie watching experience. Some even transform you in to a different world altogether.  It is all because of the new technology that creation of fantasy worlds that look more real has been possible.

Movie as an IP has great potential to generate further IP.

In this context I want to bring to your notice the Cannes Film Festival in France that took place on  17.05.2022. Our Union Minister L. Murugan expressed at the Cannes Next that India has the biggest talent pool of technical and software talent, which play a crucial role in movie making and more particularly in the audio-visual sector, including artificial intelligence and virtual reality. He further urged global filmmakers to explore the country's lucrative movie market.

He also stated that “Audio-visual is the area where technology marries art,” and expressed his happiness that five Indian start-ups -VerboLabs, Kroop AI, Roots Video, Gamitronics and Pocket Aces were showcasing  their expertise at the Cannes Next.

This  trend has to be embraced with open arms  to encourage generation of more intellectual creations  and create new avenues and markets.