Possession and Transfer of Copyrights of a Cinematograph Film

Abstract

The attempt through this paper is to analyze the provisions relating to the ownership and assignment of copyright regarding a cinematograph film and in the context of changing mode of communication technologies how it tackled the problems emerged in ownership, assignment and license of copyright, the adequacy of these provisions in effectively protecting the rights of the author and performer & tries to balance the rights of the owner of copyright <i>vis-à-vis</i> public interest and also the role of judiciary in effectively protecting their rights. The fundamental problem with the Indian Copyright Law is not so much of it being flawed but the fact that it is not always followed as such. That the 2012 Act is well-intentioned is not debatable. It covers a range of issues relating to the film and music industry, and clearly intends to alleviate the condition of “non-powerful” individuals working in the industry by strengthening their position. Whether it will achieve this aim without their first being a deluge of litigation to interpret the provisions of the 2012 Act is an open question.