Author- Kimaya Dalvi
INTRODUCTION
Song and film titles are protected by Indian intellectual property law.
Numerous elements, including escalating digitalization, ubiquitous internet access, content creation, and audience demand, are responsible for the media and entertainment (M&E) sector’s explosnike blazer mid rosa ski salomon all mountain nike tuned 1 negras tailleur pizzo amazon playstation 4 vertikaler standfuß schwarz usb anschluss kaputt alternative marcell jansen transfermarkt נימרוד דודי שמש קריית אתא כתובת sensori parcheggio ford c max amazon deco sapin blanc et bleu trapunta matrimoniale fiori amazon מיטות זוגיות מעוצבות gummistiefel grün tailleur pizzo amazon dunk playstation travis scottive rise in India. Its faster rate of expansion has also resulted in additional legal issues today. Conflicts over intellectual property rights, such as those involving trademarks or copyrights, usually involve the involvement of courts. This essay wnike presto boys grade school cardigan color menta Chile adidas buty yung 1 brosse pour nettoyer les pailles Canada helly hansen zinober jordan 4 cheap hm home stol nike air max 270 women’s sale camicia leggera donna puma nova pastel lykt med snømann pala piton 3.0 white stretch jeans μπαταρια iphone εγγύηση 302 κυκλουσ pulseiras champions avulsasill discuss the protections provided by Indian intellectual property law for movie names.
IMAGE TITLE
The film’s title is the single most crucial element in giving it uniqueness and making sure that spectators remember it. Every movie’s producer or director carefully evaluates the various title options in an effort to capture viewers and generate a successful film.
Realizing that title protection is provided by intellectual property law
The 1957-enacted Indian Copyright Act, which safeguards original literary, dramatic, musical, and aesthetic works as well as cinematographic and sound recording works, excludes film titles from the definition of “works” in India. Since they are not considered to be literary works, movie names are not protected.
According to the Trademark Act of 1999, a trademark is a symbol that can be used to differentiate the goods and services of one person from those of another. The film’s title has been registered by the directors as a service mark in accordance with trademark regulations in order to be protected.
Protection for a Potential Movie Title
In India, a movie’s name may be protected in one of two situations:
the submission of a film to various bodies involved in the film industry
The word has a trademark listing.
the submission of a film to various bodies involved in the film industry
It is usual in India to register film titles with industry organizations. The places where producers typically register film names are the following businesses, which are all divisions of Film Makers Combine:
Bollywood and TV Producers Guild
The Western India Film Producers’ Association, the Indian Motion Picture Producers Association (IMPPA), and the Indian Film and Television Producers Council (previously known as AMPTPP- Association of Motion Pictures & Television Programme Producers) are three organizations where producers frequently register their titles even though it is not required. For the purpose of preventing the same title from being registered under the names of many manufacturers, these trade associations communicate with other associations before registering it. Even though it might seem obvious, there is a catch: joining societies and associations has no legal repercussions. The courts might take note of the registration if it were to come up in a situation where it was necessary to identify the first user or adopter of the title.
A movie’s title is safeguarded under trademark law in two situations:
The Golmaal, Singham, Housefull, and Dhoom (Dhoom, Dhoom 2, Dhoom 3) movie franchises are a few examples of series names. Another illustration is the Harry Potter movie series. A trademark for a collection of films can be easily filed since it proves that all of the films in the collection were created by the same company. Because the general public is already familiar with these names, obtaining trademark ownership and registration is straightforward.
A name of a single film must fulfill a variety of requirements in order to qualify for trademark protection. The title must lose its prominence in the audience’s eyes, which is the most crucial condition. This demands that viewers connect a movie’s title with its country of origin or producing company. The promotional efforts done before the movie’s release give this supplementary meaning because the public is exposed to the film during the promotional activities themselves. Once this secondary meaning has been established, the title becomes a well-known mark and can then be registered as a trademark in accordance with the Act’s rules. Typically, it is thought that a title’s secondary meaning developed from the
the cost of such projects and the length of time that they were employed as promotional materials.
the duration of its use, the sums spent on marketing and advertising, and the box office performance (pre-release promotion may be sufficient in some circumstances).
Sales data take into account factors such as the number of tickets sold, the number of individuals who attended the owner’s performance, and the fact that INDIA PROTECTS “SONG TITLES.”
Film Titles and Copyright
Song title registration in India was never even thought of before the 2011 release of “Why This Kolaveri Di” and the success that followed. The name’s owner, Sony Music Entertainment Pvt Ltd, requested registration of the name in order to stop others from using it and because it intended to advertise CDs and other non-entertainment products with the moniker.
Sohail Khan Productions, the production company for the 2013 movie “Jai Ho,” attempted to register the name “Jai Ho” as a trademark in Class 41, however, the application was rejected and abandoned, posing a fresh legal problem. The trademark application was denied for the reasons outlined in Section 11(1) of the Trademark Act, 1999, which addresses the refusal of trademark applications if the trademark applied for is similar (in visual appearance and resemblance) to a trademark already existing covering the same class of goods and services and that could cause confusion among the general public regarding its association with an existing trademark. Salman Khan was permitted by A.R. Rahman to use the stage name “Jai Ho” despite any possible connections to the well-known song, which was also trademarked.
Consumer trends right now in an effort to gain more recognition, films like Yeh Jawani Hai Deewani, Ramaya Vastavaiiya, Om Shanti Om, and Dum Maaro Dum take the names of extremely well-known musical works.
The first thing to think about in these circumstances is who is eligible for title registration: the owner of the song’s copyright or the person who submits the initial trademark registration application. The last sentence is accurate. The organization that holds the rights to “Why This Kolaveri Di,” Sony Music Entertainment, was the one to submit the trademark application. It is also important to take into account the title’s originality or general personality. A distinctive work, such as Why This Kolaveri Di, has a higher chance of receiving trademark protection than a common phrase, such as Yeh Jawani Hai Deewani.
There are several issues with the registration of song titles as trademarks for which the law is silent due to ambiguity and existing precedents. One of these questions is who should own the copyright to the music, the song’s title, or the person who registers the title first.
The trademark expiration, which happens if the name is unused for five years, is another problem with the registration of song titles. According to the Trade Marks Act of 1999, any trademark that was registered solely to prevent others from using it may be regarded as unfair.
Online Branding
Actors like SRK and Amitabh Bachchan have their names listed as trademarks. Akshay Kumar registered “Khiladi” in a similar manner because he has produced multiple films under that name.
Celebrities can prevent people from utilizing their names for dubious economic pursuits by registering their trademarks.
FICTIONAL CHARACTERS’ NAMES
A fictional character’s “name” can only be regarded as a trademark when it implies a specific source of goods and services, such as when it appears in the title of a book, movie, television program, or other work of art. James Bond, Harry Potter, Sherlock Holmes, and other well-known trade names are examples. Therefore, the trademark owner must give their consent before using characters in marketing.
CONCLUSION
The names of the films let us recognize and separate them from one another. Even though copyright protection is not required, Indian trademark law recognizes the need for legal protection for movie names. A trademark registration prevents third parties from using the same or confusingly similar marks, in addition to functioning as a source indicator for goods and services and giving the owners the exclusive right to use such marks.
