Legal experts say unscrupulous persons have often attempted to piggyback on the unique reputation and identity of such works for unjust gains, particularly via digital piracy or for merchandise sales. The case for IPR protection has become stronger now with the advent of powerful technologies that can help steal monetisation opportunities and lead to losses for producers.
For instance, Night Shift Studios and YNOT Studios, the makers of Malayalam film Bramayugam, starring Mammootty, have issued a statement saying they have trademarked the title and logo of the film, and any unauthorized use of these or the music, dialogues and so on for commercial use, will be dealt with legally. It was released in February 2024 and was a hit, making close to ₹90 crore at the box office.
Then, the Delhi High Court issued a John Doe order last month to protect the intellectual property of popular sitcom Taarak Mehta Ka Ooltah Chashmah. A John Doe order is passed against the world at large and allows a person to take legal action against unknown parties.
Similarly, the Baahubali franchise took extensive trademark protection. The producers not only registered trademarks for the movie title but also for related merchandise such as logos, character names, and catchphrases.
Industry experts say producers are now more vigilant in registering film and TV show titles with bodies like the Indian Motion Picture Producers’ Association (IMPPA) to avoid conflicts.
In the past, films such as Kaatera, Vanangaan and Satyagraga faced disputes over titles with different entities claiming these were registered with them. Many went to court to restrain the release.
What’s driving the trend?
Abhishek Chansoria, principal associate at legal firm Saraf and Partners, said the proactive approach by film, TV and content producers is driven by things like technological changes, financial risks, the global market, and historical infringements.
Plus, digital piracy has seen innovations that have led to newer mechanisms of distributing pirated content, necessitating higher degree of caution and vigilance from producers, he said.
“Additionally, advancements in artificial intelligence and machine learning have enabled more sophisticated content creation and editing tools that increase the risk of unauthorized use and manipulation of copyrighted material,” Chansoria said, pointing to deepfake technology, which can be used to create realistic but unauthorized reproductions of actors.
“Producers are now a lot more vigilant and even proactive in protecting their IP given that the avenues for displaying infringing content and the anonymity of the Internet has led to indiscriminate IPR violations,” a studio head said on condition of anonymity.
Protecting long-term value
Apart from merely protecting the IPR from an artistic perspective, Indian film and TV producers increasingly understand that films and TV series have long-term value in terms of merchandise and commercialisation, according to Gaurav Sahay, practice head, technology and general corporate at Fox Mandal & Associates.
“The purpose can be redrawn for more financial gains by reviving the name or even bringing on shelf the merchandise relating to the brand name that the film and TV series has yielded for itself,” Sahay said.
He added that Indian films and TV shows are increasingly targeting global audiences. “Protecting their IPR—which is crucial to securing international distribution deals, creating franchises, maintaining brand consistency, securing international collaborations and co-productions—also enhances their ability to leverage these assets in a competitive global market for more financial gains,” Sahay explained.
Types of IPR protection
Copyrights and trademarks are the two critical arms of IP protection for films and TV series. Copyright can be registered under the Registrar of Copyright. Trademark including titles can be registered with industry bodies such as IMPPA.
“Copyrights protect unauthorised use of the content by third parties, which prevents copying of scenes, story, songs and so on, whereas trademarks protect things like title of movies and characters,” Siddharth Mahajan, partner at Athena Legal said. “Risk stems from unauthorized use of both these elements by third parties who seek to benefit by either copying previous content or trying to associate with a successful brand.”
With the rise of digital platforms like Netflix, Amazon Prime, and Disney+ Hotstar, producers are taking extra steps to protect their content from piracy and unauthorized streaming. This includes embedding watermarks, using digital rights management (DRM) tools, and securing international copyrights.
According to Ateev Mathur, partner, head of litigation practice, SNG & Partners, Advocates & Solicitors, the objective of jurisprudence on protection of IPRs is to protect and safeguard the hard work undertaken for creating a distinct and literary work. It is incumbent on a civic society to protect the unique thoughts of its people.
The types of claims that go to court nowadays relate mainly to infringement claims in the context of stories, plots and themes, as well as unauthorised depiction of personalities, particularly controversial ones, according to Ameet Datta, partner at Saikrishna & Associates.
“IP owners are also now realising the commercial value of ancillary and derivative rights and are, therefore, a lot more mindful about protecting these as well,” said Mallika Noorani, senior partner, Parinam Law Associates, adding that these days we also more of protection for underlying elements such as character rights, iconic phrases or dialogue.
“We have also seen several producers register trademarks of films and characters to allow for seamless exploitation of merchandising rights,” Noorani said.