COVER LETTER

Name of the authors: Nandini Singh and Riya Khanna

Institutional Affiliation: National Law Institute University, Bhopal

Topic: Legality in the Film Industry

Postal Address: National Law Institute University, Near Kerwa Dam Road, Bhopal, M.P.

Pin code: 462044

Day-time phone numbers: 62043-44212, 89071-55555

E-mail Address: [email protected] , [email protected]

ACKNOWLEGDEMENT

We take this opportunity to express our profound gratitude and keep regards to our professors for
their exemplary guidance, monitoring and constant encouragement throughout the completion of
this article. The blessing, help and guidance given by them time to time shall carry us a long way
in the journey of life on which we are about to embark. Also, the guidelines provided by them to
stick to the deadline was also encouraging.
Table of Contents
ACKNOWLEGDEMENT...............................................................................................................3

RESOURCES USED.......................................................................................................................6

HYPOTEHSIS.................................................................................................................................6

INTRODUCTION ...........................................................................................................................7

CHAPTER –I : THE STRUGGLE FOR EQUAL PAY.................................................................9

CHAPTER II : TENTATCLES OF CENSORSHIP .....................................................................10

CHAPTER III : INSIGHT ON INFRINGEMENT .......................................................................12

CONCLUSION..............................................................................................................................14

BIBLIOGRRAPHY.......................................................................................................................15
TABLE OF AUTHORITIES

Cases

2012(1)BomCR127____________________________________________________________11

AIR 1993 SC 171 _____________________________________________________________11

AIR 1994 All 25 ______________________________________________________________11

Statutes

Constitution of India _____________________________________________________10, 11, 12

Equal Remuneration Act,1976 ___________________________________________________10

The Copyright Act 1957 ________________________________________________________14

Other Authorities

Alka Chawla, Law of Copyright Comparative Perspectives (Lexis Nexis, Gurgaon, 2013) ____13

Dr. T. Vidya Kumari, Copyright Protection Current Indian and International Perspectives (Asia
Law House, Hyderabad, 2004) _________________________________________________11

Shashi Nath Mandal, Copyright Law Cases and Materials (Regal Publications, New Delhi, 2013)
__________________________________________________________________________11

Sumanlata, Women and The Rule of law(Akansha Publishing House, New Delhi ___________10

The Principles for Guidance in Certifying Films,’

http://cbfcindia.gov.in/html/uniquepage.aspx?unique_page_id=1(accessed on 2 April 2015 _12
RESOURCES USED:

1. STATUTES
 Article 15(1) of Constitution of India
 Article 39 (d) of Constitution of India
 Section 4(1) of the Equal Remuneration Act, 1976
 Article 19(1)(a) of Constitution of India
 Article 19(2) of Constitution of India
 Universal Declaration of Human Rights (1948)
 Article 51-A of Constitution of India
 The Copyright Act of 1957

2. BOOKS
 Sociology goes to the Movies by Rajinder Kumar Dudrah
 Sociology of Change and Development by Ritika Chauhan
 Women and the Rule of Law by Sumanlata
 Copyright Protection Current Indian and International Perspectives by Dr. T.
Vidya Kumari
 Law of Copyright Comparative perspectives by Alka Chawla
 Copyright Law cases and materials by Shashi Nath Mandal

HYPOTEHSIS

Though there are various laws which govern the film industry yet they are not properly
implemented.
 LEGALITY IN THE FILM INDUSTRY

INTRODUCTION

This research article will highlight the issue of legal aspect of the film industry and its various
implications. It discusses examples and cases of Bollywood and how the people involved in it
deal with various issues. The entertainment industry is no exception to the dominance of men
which has been prevailing for ages now in every walk of life. The Equal Remuneration Act, 1976
is also not properly implemented in the film industry. The guidelines of the Indian Film
Certification Board were and continue to remain overboard and vague despite modifications. For
instance, one of the guidelines directs the board to ensure that “dual meaning of words as
obviously cater to baser instincts are not allowed”. Infringement in cinematographic work
generally happens when the movies are illegally reproduced in the form of videos forms without
taking permission from the film producer.
CHAPTER –I : THE STRUGGLE FOR EQUAL PAY

Dominance of men in almost every walk of life has been prevailing for ages now and the
entertainment industry is no exemption to this. To implement the constitutional directives of
equality of the sexes [Article 39 (d)]1 and prohibition of discrimination against women [Article
15(1)2], Parliament in 1976 enacted the Equal Remuneration Act, 1976 which provides equal
payment of remuneration to men and women workers for similar nature of work. This legislation
is not adequately implemented in the film industry because female actresses are paid less than
their male counterparts. Kangana Ranaut is one o4f the bold actresses who spoke up against this
discrimination and said that she deserves to get as much as her male lead gets. In 2003, Kareena
Kapoor was replaced by filmmaker Karan Johar from the movie “Kal Ho Na Ho” because she
demanded to be paid as much money as the lead actor.

The discrimination which is practiced in the film industry is violative of Section 4(1) of the
Equal Remuneration Act, 1976 which reads as under

“No employer shall pay to any worker employed by him in an establishment or employment,
remuneration, whether payable in cash or in kind, at rates less favourable than those at which
remuneration is paid by him to the workers of the opposite sex in such establishment or
employment for performing the same work or work of similar nature”3

Ergo it is the responsibility of the Government to take Article 39 into consideration and
formulate policies for the practical implementation of this Article of Directive Principles of State
Policy to prohibit discrimination.4

1 Constitution of India
2 Constitution of India
3 Equal Remuneration Act,1976
4 Sumanlata, Women and The Rule of law(Akansha Publishing House, New Delhi, 2005)
CHAPTER II : TENTATCLES OF CENSORSHIP

The Indian Film Certification Board, in 2014, did not certify the documentary film “No Fire
Zone” before its release. This movie was about the Sri Lankan civil war. It criticized the Sri
Lankan army’s role in killing civilians. The certificate was not granted to this film because it
would affect the reputation of the State. This Act of Film Certification Board violated Article
19(1) (a)5 as it restrained the freedom of speech and expression. Film is a medium to express
one's opinion and it is inclusive of freedom of communication and right to propagate public
opinion. Freedom of expression is constitutionally protected and cannot be taken away. It is well-
settled that the fundamental right to freedom under Article 19(1)(a) can be reasonably restricted
only for the purposes mentioned in Article 19(2) of the Constitution and such restriction must be
justified and sustainable in law.6 But if the Board allowed the release of “ Schindler’s List and
The Pianist” about the Second world war atrocities in Germany and “Bury My Heart at Wounded
Knee” which depicted American genocide then why “ No Fire Zone”was restricted from being
released.7

In Star Video v. State of Uttar Pradesh8 it was held that a right of a film maker to make or exhibit
his film is a part of his Fundamental Right of freedom and expression under Article 19(1) (a).
The purpose of the exhibitor to show films is merely to earn profit and not to propagate any ideas
or arousing any public opinion.9

In Life Insurance Corporation of India v. Prof. Manubhai D. Shah10 the Supreme Court while
reviewing several decisions rendered on the subject of the freedom of speech and expression,
held as follows :- "Speech is God's gift to mankind. A human being conveys his sentiments,

5 Constitution of India

6 2012(1)BomCR127
7 Dr. T. Vidya Kumari, Copyright Protection Current Indian and International Perspectives (Asia Law House,
Hyderabad, 2004)
8 AIR 1994 All 25
9 Shashi Nath Mandal, Copyright Law Cases and Materials (Regal Publications, New Delhi, 2013)
10 AIR 1993 SC 171
thoughts and feelings to others through speech. A human being acquires the right of freedom of
speech and expression on birth and it is a natural right. Hence, it is a basic human right.
According to the Universal Declaration of Human Rights(1948), evry individual has the right to
freedom of expression and opinion. It is declared in the Preamble of the Constitution that the
people of India gave unto themselves their resolve to secure to all citizens, liberty of thought and
expression. Every citizen in this free country possesses the right to air his or her views through
the printing and/or the electronic media subject of course to permissible restrictions imposed by
Art. 19(2)11 of the Constitution. The print media, the radio and the tiny screen play the role of
public educators, so vital to the growth of a healthy democracy. Any attempt to suffocate, stifle
or gag the right of freedom to air one’s views in the lifetime of any democratic institution would
lead to autocracy or dictatorship.

The guidelines of Indian Film Certification Board were and continue to remain overbroad and
vague inspite modifications. For instance one of the guidelines directs the Board to ensure that
“dual meaning words as obviously cater to baser instincts are not allowed12.”

11Constitution of India
12‘The Principles for Guidance in Certifying Films,’
http://cbfcindia.gov.in/html/uniquepage.aspx?unique_page_id=1(accessed on 2 April 2015).
CHAPTER III : INSIGHT ON INFRINGEMENT

Infringement means unauthorized reproduction, importation or distribution either of the whole or

of a substantial part of works protected by copyright. In cinematographic work, infringement
generally takes place through unauthorized reproduction of the film in video forms and/ or
displaying the video through cable networks without taking proper authorization from the film
producer (the right holder). Infringement of copyright of cinematographic works takes two
principal forms, namely, ‘video piracy’and ‘cable piracy.’ However, infringement of copyright in
one form can spill over and affect the revenues of the other. ‘Video Piracy’takes place when a
film is produced in the form of video cassette without taking proper authorization from the right
holder, i.e. producer. Two types of video piracies are common in India. The first is where video
right has not been at all sold but the cassettes are made available in the market for the purpose of
borrowing or buying. The second one is where the the right of video is legally sold to a party but
other parties also make and sell the cassettes. The unauthorized transmission of films through
cable network is called cable piracy. As mentioned above, showing a film in a cable network
requires acquisition of proper authorization from the rightholders. But many a time, films,
especially the new releases, are shown through cables without such authorization, which
tantamount to infringement of copywright.13

The cyber cell of Mumbai Police arrested a 25 year old boy who allegedly uploaded the
movie ‘Udta Punjab’ in his website for masses to download two days before the release. Almost
1000 people were arrested by Kerela police in 2012 for infringing the copyright of the movie
‘Bachelor Party’. The cyber cell of Kerela police took action after a Thrissur based film Movie
Channel filed a complaint because it had bought the video CD and DVD rights. The Tamil movie
‘Enakku Innoru Per Irukku’ was uploaded on internet before its release. A complaint was filed
by musician-turned-actor GV Prakash Kumar to the Chennai police for early arrest of the
accused. The Delhi High Court passed piracy restraining orders against cable operators and

13 Alka Chawla, Law of Copyright Comparative Perspectives (Lexis Nexis, Gurgaon, 2013)
websites from broadcasting, publishing or streaming the film ‘Piku’ online without permission
back in 2015.

Section 7(f) of The Copyright Act of 1957 states that : cinematograph film implies any work of
visual recording on any medium produced through a process from which a moving image can be
produced by any means and includes a sound recording accompanying such a visual recording
and cinematograph shall be construed as including any work produced by any process analogous
to cinematography which includes video films. Therefore movies are protected from being
leaked and the recent cases of piracy were subject to punishment.14

14 The Copyright Act 1957

CONCLUSION

In the above article, we saw the various legal aspects related to the film industry in India. The
laws lack proper implementation and hence the quote “actions speak more than words” stands
correct for our entertainment industry. If proper attention is paid to the practical implementation
of laws then we can definitely remove unfair and immoral practices from our film industry.
Lately, we have seen that celebrities have spoken against these unfair practices, which suggests
that may be not soon but slowly things will fall in place.
BIBLIOGRRAPHY
BOOKS

 Sociology goes to the Movies by Rajinder Kumar Dudrah

 Sociology of Change and Development by Ritika Chauhan
 Women and the Rule of Law by Sumanlata
 Copyright Protection Current Indian and International Perspectives by Dr. T.
Vidya Kumari
 Law of Copyright Comparative perspectives by Alka Chawla
 Copyright Law cases and materials by Shashi Nath Mandal

WEBSITES

 ‘The Principles for Guidance in Certifying Films,’

http://cbfcindia.gov.in/html/uniquepage.aspx?unique_page_id=1(accessed on 2 April
2015).