Introduction

The Indian film industry, often hailed as one of the world’s most prolific, thrives on creativity, collaboration, and commerce. Behind every successful film lies a network of creative professionals — producers, directors, and scriptwriters — each contributing distinct artistic and intellectual value. However, when it comes to copyright in films, the question of ownership is not merely creative but deeply legal.

Under the Copyright Act, 1957, a film is a composite work made up of several individual creations, such as the story, screenplay, dialogues, music, and cinematography. Determining who owns what — whether the producer, director, or scriptwriter — has been a recurring point of debate in the Indian film industry.

Understanding Copyright in Cinematograph Films

The Copyright Act defines a cinematograph film under Section 2(f) as any visual recording, including the accompanying sound, from which moving images can be produced. The copyright in such a film grants exclusive rights to reproduce, distribute, and communicate it to the public.

However, a film is not a single creative entity but a combination of multiple copyrighted works. The script, dialogues, lyrics, and music each hold independent copyright protection. This multi-layered structure makes it essential to understand how the law allocates ownership among the key contributors — the producer, director, and scriptwriter.

The Producer’s Dominant Copyright

In Indian copyright law, the producer is the primary owner of the copyright in a cinematograph film. As per Section 17(b) of the Copyright Act, 1957, the producer, who takes the initiative and bears responsibility for making the film, is regarded as the “author” of the film unless an agreement specifies otherwise.

The producer’s copyright covers the finished product — the synchronized combination of visuals, sound, and performances. Since the producer assumes the financial risk, coordinates the creative inputs, and manages the production, the law grants them ownership by default.

The landmark judgment in Indian Performing Rights Society Ltd. v. Eastern India Motion Pictures Association (1977 AIR 1443) firmly established that when a producer commissions works like music or script for inclusion in a film, they own the copyright in the completed film. The individual creators retain rights in their original works only if the contract explicitly says so. This ruling continues to shape the Indian film industry’s copyright structure.

The Director’s Creative Role and Limited Rights

The director is the creative leader of a film, responsible for translating the written word into moving visuals. Despite this central creative role, Indian law does not recognize the director as an “author” of a cinematograph film, unless they are also a producer or a co-owner through a contractual arrangement.

In Director’s Guild of India v. Union of India (2015), the Delhi High Court acknowledged that while directors contribute immensely to a film’s artistic expression, the law grants copyright to the producer unless explicitly agreed otherwise.

This position differs from many European jurisdictions, where directors are considered co-authors of films. In India, however, directors often secure their creative recognition and profit participation through contracts, rather than statutory rights. The evolving practice of contractual co-ownership and royalty-sharing is slowly reshaping this narrative in favor of directors.

The Scriptwriter’s Literary Copyright

A film begins with a story — the script forms its literary backbone. Under Section 13(1)(a) of the Copyright Act, a literary work like a script or screenplay enjoys independent protection. The scriptwriter is the first owner of this copyright unless the work is created under a contract of service.

If a writer independently develops a script and licenses it to a producer, they retain ownership unless they have assigned it through a written contract. The scriptwriter’s rights extend beyond the film, allowing adaptations, remakes, and derivative works like books or web series.

In Yash Raj Films Pvt. Ltd. v. Sri Sai Ganesh Productions (2012), the Madras High Court upheld that remaking a film without permission infringes upon the underlying literary copyright. Similarly, in Shivaji Rao Gaikwad v. Varsha Productions (2015), the court recognized that the scriptwriter holds control over adaptations of their original work.

However, most Indian film contracts still require writers to assign their copyrights to the producer, often in exchange for a one-time payment. Post the 2012 Amendment to the Copyright Act, authors of literary and musical works incorporated into films are entitled to receive royalties for continued commercial exploitation, marking a step forward for creative authorship in India.

The Need for Clear and Transparent Agreements

Given the overlapping nature of creative contributions, copyright disputes between producers, directors, and writers are common in the Indian film industry. The solution lies in drafting comprehensive and transparent agreements.

A writer’s agreement should specify whether the writer assigns or licenses the copyright, the scope of rights granted, and the right to future royalties. A director’s agreement should define creative control, credit rights, and possible co-ownership of the film’s intellectual property. The producer’s agreement should secure the necessary rights for exploitation, distribution, and protection against future claims.

Organizations such as the Screenwriters Association (SWA) and the Indian Performing Rights Society (IPRS) have been advocating for fairer contracts, ensuring writers and composers receive ongoing royalties from the commercial use of their works. The gradual acceptance of these industry practices is paving the way for more equitable copyright distribution.

Copyright in Films and the OTT Revolution

The digital revolution and the rise of OTT platforms like Netflix, Amazon Prime Video, and Disney+ Hotstar have changed how films are distributed and monetized. Producers now license films to platforms rather than transferring full ownership, allowing more creative professionals to retain intellectual property rights.

This new model encourages profit-sharing and royalty-based agreements, particularly for scriptwriters and directors involved in digital content creation. However, it has also introduced challenges related to digital piracy and unauthorized streaming.

To address these issues, producers and creators increasingly register their works with the Indian Copyright Office and international copyright databases, ensuring protection under global treaties such as the Berne Convention and the WIPO Copyright Treaty.

Balancing Creativity, Commerce, and Legal Rights

The heart of filmmaking lies in collaboration — a delicate balance between creative artistry and commercial enterprise. The producer provides the financial foundation, the director shapes the creative vision, and the scriptwriter breathes life into the story. Yet, under Indian copyright law, ownership traditionally leans toward the producer.

This imbalance can be resolved through industry awareness, transparent negotiations, and legal reform. Recognizing directors as co-authors and ensuring scriptwriters receive royalties will not only promote fairness but also enhance the creative integrity of Indian cinema.

As the industry modernizes, new models of intellectual property ownership and revenue sharing are emerging, reflecting global best practices and empowering creative contributors.

Conclusion

Copyright in films is the cornerstone of creative ownership in cinema. The interplay between the producer’s commercial investment, the director’s artistic vision, and the scriptwriter’s literary imagination defines the identity of every film.

While the Copyright Act, 1957 grants primary ownership to producers, evolving industry practices, digital platforms, and legal reforms are gradually bringing parity. The future of the Indian film industry lies in fostering a culture of fairness — one that celebrates both creativity and commerce, ensuring that every contributor’s rights are recognized and respected.