OBJECT TO HAVE “CINEFIL” for issuing :

CPL (Cinematograph Performance License)

Justification of forming CINEFIL , a proposed Copyright society pursuant to Section 33(3) of Copyright Act 1957 for Cinematograph Film work for issuing “Cinematograph Performance License ~ CPL.

Device
  1. At first, clearing the myth that by forming Registered copyright society for Cinematographic Film work, do the Film producers will come under the control of the Copyright society ?? for deciding the rates on selling satellite rights, video rights , music rights, internet right etc !
    • Answer for the above myth , in bold letters ~ its NO......... because deciding to trade on the emerging rights in which the copyright subsists is an intrinsic right of the Producers as per Section 14 of the Copyright Act on exclusive rights and nobody can take this right given by the Copyright statute . Particularly, stating that Rate fixation can be done by Film Producers only.
  2. Next logical question comes , then why and for which exclusive rights a Copyright society is formed by the Producers for Cinematographic Film work ?
    • CINEFIL Copyright society for CINEMATOGRAPHIC FILM WORK is formed to monetise the exclusive right of “COMMUNICATION TO PUBLIC” wherein it’s practically impossible to enter into any contracts on independent basis by the Film Producers with Hotels, Restaurants , Broadcasters of TV & Radio, Cable operators, OTT platforms etc across the country and globally who are using the Indian published work but the content being utilised rampantly in these platforms without paying any performance license to the Film Producers and Other Owners.
    • Further on fixation of the Rate in a Copyright society , it’s the prerogative of Film Producers & Other Owners to decide and the Administrative power to run the copyright society is given to the members of the said copyright society under the Copyright Act and not to the Central Government. CG only grants the registration and regulates the Copyright Society by prescribed Copyright Rules, with amendment thereof from time to time.
    • Practically, once the music rights are assigned , the Film Producers are not getting any royalty but Cinematograph Film works are communicated to public across the country and in overseas. Thus, CINEFIL proposed business licensing under the Copyright society will be on the exclusive right “to communicate the film to the Public” as provided under Section 14(d)(iii) of Copyright Act 1957.
    • Thus comes the justification of Registered Copyright society ( known as Collective Administration Society for issuing CPL under Cinematograph Film Work) which have been explicitly provided in Chapter VII under the Copyright Act 1957 read with Copyright Rules for registration, administration of Copyright Right work , tariff schemes , distribution scheme etc for each work and CINEFIL will be administrating only the Cinematographic Film work as defined under Section 2(y)(ii) read with Section 13(1)(b) of Copyright Act 1957.
    • Device
    • Importantly , the communication to public exclusive rights are not being Monetised through the mechanism as provided under the statute. Prior to Copyright Amendment 2012 , even Owners to whom producers have sold the rights of Cinematographic Film works have not commercially exploited by issuing performance license though the right to collect the said right existed from Copyright Amendment 1994.
    • However , from 2012 Copyright Amendment , the legislation has added the Film Producers as “Authors” under Chapter VII “Copyright Societies “ for equal sharing of royalty with Other Owners from the registered Copyright society and as per Section 2(d)(v) of Copyright Act 1957, Film Producer is the Author.
    • Therefore, the mechanism of Copyright society has come up globally to have single window approach which is undoubtedly highly beneficial to USERS also to obtain business licensing on “communication to public” exclusive right.
  3. PLEASE NOTE : CINEFIL is concerned with “CINEMATOGRAPHIC WORK ONLY” and not on Sound recording right which is a separate work as per the Copyright Act 1957 read with Copyright Rules.
  4. Increasingly therefore since the first commercial provider of Internet dial up access came on line and the invention of the worldwide web a year later , COLLECTIVE ADMINISTRATION HAS BECOME THE MOST REALISTIC WAY FOR COPYRIGHT AUTHORS AND OWNERS TO EXERCISE MANY OF THEIR RIGHTS IN THE ONLINE ENVIRONMENT.

    Hence, because of the complexity in granting business license in both Offline and Online environment , Copyright Society is the best approach and thus the Object of CINEFIL to issue Cinematograph Performance License ~ CPL for Cinematograph Film Work.

COPYRIGHT AMENDMENT 2012

Major breakthrough for Producers in Chapter VII “COPYRIGHT SOCIETIES” in Copyright Act 1957 emerged by inserting “AUTHOR” for equal sharing of royalties with Other Owners for issuance of Business licensing.

Definition of “Author” in respect to Cinematographic Film & Sound recording under Copyright Act 1957 : Section 2(d)(v) : “in relation to a cinematograph film or sound recording, the producer;

Definition of “Producer” under Copyright Act 1957 : Section 2(uu) ~ “Producer” in relation to a Cinematographic Film or sound recording , means a person who takes the initiative and responsibility for making the work.

Definition of “Cinematographic Film” under Copyright Act 1957 : Section 2(f) ~ “Cinematographic Film” ~ “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;

Definition of “Visual Recording” under Copyright Act 1957 : Section 2(xxa) “visual recording”. ~ “visual recording” means the recording in any medium, by any method including the storing of it by any electronic means, of moving images or of the representations thereof, from which they can be perceived, reproduced or communicated by any method.

Definition of “Sound Recording” under Copyright Act 1957 : Section 2(xx) ~ “Sound Recording” ~ “sound recording” means a recording of sounds from which such sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced;

Definition of “Work” under Copyright Act 1957 : Section 2(y) ~ “Work” ~ “work” means any of the following works, namely:

  1. a literary, dramatic, musical or artistic work;
  2. a cinematograph film;
  3. a sound recording;

Definition of “Communication to Public” under Copyright Act 1957 : Section 2(ff) ~ ~ “communication to the public” means making any work or performance available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion other than by issuing physical copies of it, whether simultaneously or at places and times chosen individually, regardless of whether any member of the public actually sees, hears or otherwise enjoys the work or performance so made available.

Definition of “Literary Work ” under Copyright Act 1957 : Section 2(o) ~ “literary work” includes computer programmes, tables and compilations including computer databases;

Definition of “Musical Work ” under Copyright Act 1957 : Section 2(p) ~ “musical work” means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music;

Definition of “Exclusive License” under Copyright Act 1957 : Section 2(j) ~ “exclusive licence” means a licence which confers on the licensee or on the licensee and persons authorised by him, to the exclusion of all other persons (including the owner of the copyright) any right comprised in the copyright in a work, and “exclusive licensee” shall be construed accordingly;

Definition of “Indian Work” under Copyright Act 1957 : Section 2(L) ~ “Indian work” means a literary, dramatic or musical work,

  1. the author of which is a citizen of India; or
  2. which is first published in India; or
  3. the author of which, in the case of an unpublished work, is, at the time of the making of the work, a citizen of India;

Definition of “Copyright Society” under Copyright Act 1957 : Section 2(ffd ) ~ “copyright society” means a society registered under sub-section (3) of section 33;