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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