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7 Vand. J. Ent. L. & Prac. 259 (2004-2005)
Copyright Infringement in the Indian Film Industry

handle is hein.journals/vanep7 and id is 257 raw text is: Copyright Infringement in the Indian
Film Industry
By Rachana Desai
On July 7, 1896, India's first       India, unlike America, has several
cinematographic film was shown in film industries. This Note focuses on the
Mumbai.1 Today, India's mammoth film  largest of these industries: Bollywood, the
industry produces more movies than any center of Hindi language cinema. In recent
other country in the world and employs years, nearly eight out of every ten
over two million people.2 In 2001, India's Bollywood scripts have been inspired by
entertainment industry (which includes one or more Hollywood films.7 Previously,
film, music, television, radio and live this widespread problem was not visible to
entertainment) was one of the fastest those outside of India. The emergence of
growing   sectors of the economy, the      Internet  and   better   global
experiencing over a 30% growth.3 Cable communications, however, have made
television generated the most revenue, Westerners more aware of the cultural copy
followed by television broadcasting, film  situation in India. In 2003, best-selling
and television production.4 The film  fiction writer Barbara Taylor Bradford
brought   a
copyright
infringement
To     date, no        Hollywood                    suit against
Sahara
studio      has attempted             to             Television for
allegedly
enforce         its    copyrights                    making    a
~television
against Bollywood                                   series out of
her book, A
Woman     of
Substance.8
industry,  on    average,  produces After winding through the legal system, the
approximately 1,000 movies annually,5 sells Indian Supreme Court refused to uphold a
about six billion tickets and grosses more lower court injunction against Sahara and
than $72 billion globally.6 Until recently, allowed the television show to go on the air.9
however, the Indian film industry received  Bradford, although frustrated by her loss,
very little international acknowledgment. chose not to pursue the matter further.10
This lack of recognition may have          In light of this case, the following
contributed to the longstanding practice of question arises: what implications does the
producing cultural copies, as opposed to Bradford case have for the protection of
original works. A cultural copy is nearly a foreign copyrights in India? To date, no
direct copy of a movie or other work from  Hollywood studio has attempted to enforce
one cultural to another.             its copyrights against Bollywood.1 With the
attention garnered by the Bradford case and

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