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: 


                                                            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.


        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
2   Id.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?