Nature of a film contributing author’s ‘right to royalty’ under Indian copyright law: an analysis

Abstract

In the Indian film industry, authors contributing to films have for decades been powerless to secure for themselves a fair remuneration from producers that is commensurate with the utilization of their works, predominantly due to their weak bargaining position. Amongst other objectives, it was to address this anomaly that the Indian copyright law underwent extensive changes in the year 2012 and established a new statutory ‘right to royalty’ in support of authors. This article sheds light on the nature of this legislative solution, which India has adopted through amendments to ss 18 and 19 of the Copyright Act 1957, and briefly touches upon its effectiveness in meeting this objective. The article largely relies on legislation and studies from the European Union to conclude that the nature of the right to royalty provision introduced within the Indian copyright law framework is akin to a ‘residual remuneration right’, which amalgamates the benefits of an exclusive right and a remuneration right, thus balancing the interests of both producers and authors. Nonetheless, it is felt that the existing provision may require more textual clarity for the model to become effective and to safeguard the remuneration interest of authors. Since the Indian government has begun consultations to further amend India’s copyright law, this is an opportunity to not only identify the shortcomings in the law but fill in the gaps where necessary.