Frequently Asked Questions
1. WHAT IS CINEFIL / CPPL
CINEFIL PRODUCERS PERFORMANCE LTD , (CPPL) is a Guarantee company with limited liability having no share capital incorporated under the Companies Act 2013 , formed by the Film producers and Negative right Owners having the object of collecting royalty from India and Overseas with distribution thereof to its members as Collective Administration Society by issuing and granting Cinematographic Performance license (CPL) for Cinematograph Film Work.
2. WHAT IS CINEMATOGRAPH PERFORMANCE LICENSE (CPL) ?
Most of you are acquainted with PPL (phonographic performance license) which is essentially for AUDIO (Sound recording work).
Similarly, for Cinematograph Film work , Cinematograph Performance License (CPL) to be issued, which have not been done so far , though the provision for monetisation under the Copyright for Film Producers exists from Copyright Amendment 1994.
3. WHAT IS CINEMATOGRAPH FILM WORK ?
The term “Work” is interpreted under the Copyright Act 1957. Primarily there are two derivative rights - Sound recording for AUDIO & Cinematograph Film for VIDEO. Cinematograph Film Work is interpreted under section 2(y)(2) of Copyright Act 1957 and Chapter III, Section 13(1) (b) provides Cinematograph Film work in which Copyright subsists read with interpretation given u/s 2(f) for Cinematograph Film.
4. WHAT IS PUBLIC PERFORMANCE RIGHTS ?
The word “Public Performance” itself conveys the meaning clearly , which means any work or performance communicated to public. The term “communication to public” is well interpreted with explanation under Section 2(ff) of the Copyright Act 1957. There are two types of “Public performances” - AUDIO and VIDEO. Public performance of AUDIO is administered by PPL (Phonographic Performance Limited) and others but for VIDEO there is none in India as Collective Administration Society, hence the formation of CINEFIL.
5. WHAT IS CINEMATOGRAPH PUBLIC PERFORMANCE RIGHTS ?
As we all know that Copyright consists of bundle of rights and the Owner of the Copyright commercially utilise the intellectual property by assigning and/or licensing various rights pursuant to Section 14(I)&(ii) of Copyright Act 1957. Until here , the the Owners have sold the Satellite, video, cable, digital rights etc and have monetised very well BUT have NOT monetised the public performance right which are communicated to public u/s 14(iii) of Copyright Act like - Hotel , restaurants, auditoriums, discotheques, lounges, housing Societies, buses, cruises, railways so on ans so forth which are essentially below the line (BTL) avenues.
Here CINEFIL comes in as Collective Administration Society to play a crucial role to monetise from India and abroad for Film Producers the public performance rights of Cinematograph Film contents that are communicated to public.
6. FROM WHERE ALL , CINEFIL CAN COLLECT ROYALTIES
An indicative list of places from where royalties can be collected by CINEFIL , though the list is exhaustive.
7. OBJECT OF CINEFIL
8. JUSTIFICATION OF COLLECTIVE ADMINISTRATION SOCIETY BY FILM PRODUCERS
Each and every Film producers monetise the IP of Cinematograph Film by assigning various rights like Satellite, Videos, Terrestrial , Digital, theatrical etc which is their exclusive rights and for licensing and / or assignment such rights , Producers do not require any Copyright society or Collective Administration Society (CAS).
However, once the above rights which are Above the line (ATL) are exhibited for public performance in public places through satellite, cable, digital etc which is importantly a “communication to public” right, such “communication to public” right pursuant to Section 14(d) (iii) of Copyright Act 1957 are not collected by the Cinematograph Film Producers.
Herein, the justification of COLLECTIVE ADMINISTRATION SOCIETY arises, wherein CINEFIL steps in.
Essentially, CINEFIL is complimenting the Film Producers with additional revenue arising from Section 14(d)(iii) of Copyright Act 1957 through copyright society administration by collecting the “communication to public right” from India and Overseas from those BTL avenues as explained above at Point 5.
Please note - Film producers have not assigned any of the standalone rights to CINEFIL, except the Cinematograph Performance right for collective administration.
Considering the said need, collective administration society (CAS) got introduced in Copyright legislation of India and have become the most practical way for Copyright owners and authors to exercise the rights. Therefore , with new technologies with combination of computer, internets, telecommunications, satellite and cable networks on the new global information infrastructure super highway, requirement of CAS has made the need more acute for commercial utilisation of copyrighted works . Increasingly, CAS have become most realistic and practical way for copyright owners to exercise many of their rights on reciprocal arrangements with foreign societies and/ or such organisations.
9. WHAT’S THE DEFINATION OF CINEMATOGRAPH FILM ?
Section 2 [(f) of Copyright Act 1957 , interprets that “cinematograph film” means any work of visual recording and includes a sound recording accompanying such visual recording and “cinematograph” shall be construed as including any work produced by any process analogous to cinematography including video films;
10. HOW MANY FILM PRODUCER MEMBERS IN CINEFIL
As on 25th May 2021 , total members 364
Please click here for list of Film Producers as CINEFIL Members
11. LIST OF CINEMATOGRAPH FILMS OF MEMBERS.
As on 25th May 2021 , Total number of Films 3184
12. DO CINEFIL HAVE TELEVISION PRODUCERS AS MEMBERS.
CINEFIL has not yet opened the membership for Television Producer. Shall be inviting soon for CINEFIL’s membership.
13. HOW MUCH IS THE MEMBERSHIP FEE FOR FILM PRODUCERS .
As on date, MEMBERSHIP is FREE for bonafide Film Producers subject to terms and conditions, as applicable.