ROLE AND SIGNIFICANCE OF IP RIGHTS IN MEDIA AND ENTERTAINMENT INDUSTRY

INTRODUCTION

Intellectual property right (IPR) is a legal right that safeguards a person's or enterprise's creation created by the brain or mind. This right grants the creator authority over his or her creation to discover benefits if used by others. These benefits can occur in the form of acknowledgement and recognition, material or financial benefits, or a combination of the two. In the current business and economic environment, intellectual property rights (IPR) have emerged as a significant concern. Globalization and open market policies have aided the growth of intellectual property rights and their impact on economic activity over the last three decades. Copyright, trademark, patents, and design rights are the four broad categories of intellectual property rights.

By 2030, the Indian media and entertainment industry is estimated to be growing between the US $ 55-70 billion. Because of the massive growth in the media and entertainment industries, it is critical to comprehend the role of intellectual property rights in this sector. Copyright and trademark are the most important IP rights in this industry. Copyright protects content from infringement and acknowledges the rights of creators, whereas trademark safeguards movie titles, key characters, and other film elements. However, as the industry grows, so does the issue of infringement on intellectual property rights, cyber laws, copyright, and trademarks. The legislative and judicial systems encourage creativity by ensuring its free dissemination while constantly attempting to prevent its exploitation.

Major Intellectual Property Laws that govern the Media and Entertainment industries

With increased growth and investment, newcomers on the rise, and rapid technological advancements, intellectual property safeguarding and enforcement have become more crucial in the media and entertainment industry. India is a signatory to the TRIPS Agreement as well as several other International IP treaties that provide more comprehensive intellectual property protection. Copyright and Trademark rights, unsurprisingly, play a critical role in protecting IP rights in the industry. Even before independence, India had copyright and trademark statutory provisions, which were amended as time progressed. Indian courts have repeatedly filled the void where the law has been unclear. In comparison to patents, copyright and trademark-related rights have been well protected and enforced.

The following are the key statutes that protect the media and entertainment industries:

1. The Copyright Act of 1957

2. The Trademark Act of 1999

These statutes are comprehensive in terms of acknowledging original content, owner's rights, infringement remedies, fair use, defence mechanisms, broadcasting, and moral and performance rights. They also impose border restrictions on the importation of infringing copies and materials. It is critical for small and struggling artists to protect their work in the early stages of their careers, or else it will be misused by strong competitors, with disastrous results.

Role and Significance of the Copyright Law 

Copyright is a tool utilized by the media and entertainment industries to long-term safeguard their original work in order to prevent others from accessing it without their permission. The material is copyright protected, and the owner has the sole right to use it. Because of the increased competition in the entertainment industry, it is now necessary to obtain the copyright to the original material. The lack of copyright on the material may result in significant losses for the author or creator.

Copyright has a significant impact on the media and entertainment industries because it is essential to safeguard and preclude the creator's original work. In the current scenario, the advancement of technology has resulted in an increase in the piracy of original work, causing a loss to the owner. As a result, it is essential to safeguard the owner's original work from copyright piracy, so that no one can access the owner's original work without one‘s approval or authorization. As a result, in the entertainment industry, the owner must have exclusive rights to the work or material.

Copyright is defined in Section 14 of the Copyright Act of 1957 as the exclusive right over the content or work, as well as the right to do or authorise the doing of certain acts in a work. The copyright remedy safeguards literary, musical, dramatic, and artistic works such as poetry, novels, movies, and songs. Because of the fierce competition in the entertainment industry, it has become utterly crucial to prevent copying of the creator's original work. However, in India, registration for copyright is not required to gain protection, but it does make it more convenient for the plaintiff to seek immediate relief in the event of a legal dispute.

Role and Significance of the Trademark Law 

A trademark is a term, phrase, design, or logo that distinguishes and helps to identify one party's source of products from those of others in the market. It protects a brand by securing that no one can strip away the goodwill that gives the brand its significance. Section 2(ZB) of the Trade Marks Act, 1999, defines trademark registration as a mark that can be represented graphically. The mark should be able to distinguish one party's goods and services from those of others and may include the structure of the goods, their packaging, and a colour combination. Pertaining to certain conditions, the Trademark Act of 1999 protects the names of songs, movie titles, music albums, movies, and famous characters. The title must be unique and original; otherwise, it will not be guarded if it is simply generic in nature.

 In India, registration of a trademark for media and entertainment is pivotal.

The importance of a distinguishable trademark in the media and entertainment industries cannot be taken for granted. The name of a band or artist is one of the most important aspects of a musician's career because it provides the creator of the song with a distinct identity. In most people's minds, artists are essentially characterized by their identity. The alliance of a song with a specific song title or brand name provides true value to that band or artist. The same holds true for film titles, which can also be guarded. In India, film titles can be registered with respective societies or associations such as the Indian Motion Picture Producers Association or the Association of Motion Picture and Television Program Producers, among others.

Role of IP Rights in protecting Celebrity Rights 

The protection of celebrity rights under intellectual property (IP) laws is a significant advancement in the field of intellectual property rights. Celebrities can flaunt their fame and make money from their public image. Though celebrities frequently lend their voices, faces, and names for free to numerous commercial and non-commercial initiatives, there have been incidences where pictures of celebs have been used in advertising and for other purposes without their authorization, creating a situation in which celebs are unable to make a choice concerning the exposure that is tolerable to them as well as the monetary benefits that they wish to gain.

Celebrity rights can be protected under trademark, copyright, and passing off laws. Also, several international treaties, including the Universal Declaration of Human Rights, have recognised these rights.

Even though the term "celebrity" is not defined in the Copyright Act, in terms of their safeguard, Section 38 of the Act provides the performer's right to any performer in relation to his performance for a time frame of fifty years. Section 39 of the same Act says that anyone who records a performance without the performer's consent is subject to liability for infringement of the performer's right.

The courts have made significant decisions concerning celebrities' rights from time - to - time. Copyright protects photographs, books, and any adaptations involving celebrities. The coverage has also been extended to fictional characters by the court. However, it should be acknowledged that the celebrity's name or image does not have copyright protection in India.

The necessity for IP protection in Media and Entertainment Industry

The entertainment industry is becoming more vulnerable to infringement as a result of rapid technological advancement. Although the existing legal regime may fail to protect the rights of this industry on occasion, the courts have repeatedly established rules that have filled this gap. Media and entertainment include television shows , movies, radio, music, and OTT platforms such as Netflix and Amazon Prime. Directors, producers, screenwriters, actors, artists, and technicians all work relentlessly to bring a film from script to screen. Given the number of workers and the money invested, protecting this industry's intellectual property rights is extremely crucial. Uniqueness is ensured by intellectual property protection. Intellectual property protection safeguards unique ideas and creations whilst still accelerating business growth. Intellectual property protection safeguards unique ideas and creations whilst still accelerating business growth.

Conclusion

Intellectual property laws, particularly copyright and trademark laws , have always played a significant role in safeguarding creative minds. The copyright law primarily protects the author's literary work from misappropriation or unauthorized commercial usage. Trademark law, on the other hand, protects any symbols, goods, or services. Intellectual property is extremely crucial in the media and entertainment industries because it provides the necessary protection, preventing misappropriation of their work and advancing business growth.

Intellectual property is becoming more important in the digital age. As more content is posted online to the internet, issues such as copyright piracy are becoming more prevalent. The work of authors and artists must be protected after it has been created in order to avoid misappropriation by others. At this point, intellectual property law comes into the picture, which it has done admirably since its outset. It has been amended several times to address issues concerning the creator's rights in the current modern era.

                                                                                                               AUTHOR: ALKA KUMARI