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7 Indian J. Intell. Prop. L. 69 (2014-2015)
Joint Authorship in Cinematographic Films: The Conundrum of the Primary Director

handle is hein.journals/ijipl7 and id is 78 raw text is: JOINT AUTHORSHIP IN CINEMATOGRAPHIC FILMS: THE CONUNDRUM OF THE PRIMARY DIRECTOR Alwyn Sebastian* From the Berne Convention, 1886 to the TRIPS Agreement, 1994, the international comity has always been in support of protecting literagy wovrks rom being distorted, mutilated, illega/y copied, adapted, reproduced and translated. However, the world is divided roughy into two Vis'a'is according copydght protection to creators of copyrightable works: the droit d'auteur sstem and the common law sstem. While the JormerJocuses on the moral rights of the author, the later propagates the big pocket theogy andprotects the economic interests of the author. India, being a common law county, has disregarded the 2010 Bill in the Parliament to accord joint authorship to the director of a cnematograph film, citing economic non-easibiliy as the reason. This paper traces the origin of copyright law, both nationally and globally, in an attempt to persuade the Parliament to strike a balance between the two regimes. I. INTRODUCTION Bollywood cinema is highly renowned throughout the world for its entertainment value, music and performers.! Many regard Bollywood as second to Hollywood and the best regional cinema in the world.' Even within India, many States have developed their own regional cinema taking inspiration from Bollywood. States like Kerala, Tamil Nadu, West Bengal, etc. date their cinematic history to the beginning of the 20th Century, making them some of the oldest regional cinemas in the country. However, it is extremely unfortunate that only on-screen performers get all the recognition. The backstage crew hardly get recognized for their efforts. This is because viewers are blinded by stage presence and action rather than the work that goes behind it. Therefore, the Indian copyright law provides protection to producers of the * Alwyn Sebastian is a IV year student at the Christ University of Law, Bangalore. 1 See Baldoon Dinghra, Indan Cinema and Culture, United Nations Educational Scientific and Cultural Organization, (27/12/1963) available at http://unesdoc.unesco.org/images/0018/001852/185220eb.pdf (last visited 05/09/2015). 2 Id.

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