Introduction
In this article, we will dwell on basic concepts of intellectual property rights (IPR), what are the governing laws concerning the film industry and their importance in today’s prevailing world. The significance of IPR is growing day by day, especially in the fields of innovation and technology, and artistic fields. IPR ensures that the originality of the work is known, due credits are given and no kind of duplication on the same is done.
According to World Intellectual Property Organization (WIPO) defines intellectual property as creations of the mind, such as inventions, literary and artistic works, designs and symbols, names and images.[1] They usually give the creator an exclusive right over the use of his/her creation for a certain period.[2]
“There are various fields where IP laws are playing great role in protecting and preserving the ideas of the people whether its fashion designing, industrial development, advertisements, sports industry and many more. In recent years, IP in film industry has been growing immensely, protecting and granting legal rights to the producers, filmmakers, composers from script to screen. It preserves the creations of the film-makers and safeguard their rights by not letting anyone else take the credits or the monetary benefits from the owners original work.”[3]
Why Are Intellectual Property Rights Important in the Entertainment Industry?[4]
Creative works are essential to the entertainment industry, whether it’s a screenplay, musical composition, painting, or performance. Intellectual property law gives creators and inventors the exclusive right to use their works, and to stop others from using them without permission.
There are different types of intellectual property protection, including:
- Copyright protection
- Trademark protection
- Patent protection
- Trademark
For creators of artistic works, the intellectual property rights (IPR) granted through copyright law are extremely important. The U.S. Copyright Act gives copyright owners the exclusive right to their creations for a certain period of time, empowering them to stop or sue others for copyright infringement. Trademark law is also important for protecting images and logos, as in merchandising arrangements.
When it comes to protecting your creative works through copyright, it’s essential to understand that a mere idea can’t be copyrighted, says Bordman. “Rather, it’s the expression of the idea, as in a script or play, that can be copyrighted.”
- In the United States, patents and copyright are regulated exclusively by federal law, as outlined in the Intellectual Property Clause.[5]
- Trademarks are areas of shared jurisdiction between federal and state governments, with the federal government deriving their power to regulate trademarks through the Commerce Clause.[6]
- Trade secrets are largely regulated by states through unfair competition laws.[7]
- Trademarks and Merchandizing: Trademarksalso feature prominently in films for example movie studios use trademarks to create a distinctive identity and to stand out in a crowded market place – from the broad appeal of 20th Century Fox and the more idiosyncratic approach of its sister company, Fox Searchlight, to animation icon, Pixar, and family-friendly Disney.[8]
- Product Placement: Another high value proposition for filmmakers and businesses is product placement – where branded products (bearing a trademark) are woven into the storyline of a movie. The earliest example of product placement dates from the movie Wings in 1929, which featured Hershey’s chocolate.[9]
“The script is the most important part of the development process. Very few films are made each year without a completed script, and those that are tend to have very low budgets and are produced by fledgling filmmakers keen to experiment with form and performance. A relatively small number of films are also made using partial improvisation, though these tend to be done within a solidly scripted story structure. In The One I Love, a low-budget, independent US film released in 2014, the actors improvised all of their dialogue. However, producer Mark Duplass specified in interviews that every scene had been carefully written, with specific directions regarding the movement of the plot and charting what the characters were meant to do and feel at any particular time. Such films are extremely rare. Most critics would agree that generally only a masterful director such as Mike Leigh can make films that successfully incorporate improvisation.”[10]
[1] https://www.wipo.int/about-ip/en/ [2] https://www.wto.org/english/tratop_e/intel1_e.htm [3] IPR in Film Industry (legalserviceindia.com) [4] Protecting Intellectual Property Rights in the Entertainment Industry (superlawyers.com) [5] intellectual property | Wex | US Law | LII / Legal Information Institute (cornell.edu) [6] Ibid 5. [7] Ibid 6. [8] From Script to Screen: What Role for Intellectual Property? (wipo.int) [9] Ibid 8. [10] Rights, Camera, Action! Intellectual property rights and the filmmaking process - 2nd Edition (wipo.int)
