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JIPR Vol.16(4) [July 2011] >


Title: Cinematographic Lyricists Right to Royalty: Myth or Reality?
Authors: Dahiya, Kirti
Keywords: Intellectual property rights
Copyright law
Assignment of copyright
Right to royalty
Issue Date: Jul-2011
Publisher: NISCAIR-CSIR, India
Abstract: This paper deals with the issue of a cinematographic lyricist’s right to copyright royalty after the producer of a film has been assigned the right. The position of law in India is not in favour of writers, who are often marginalized and cut-out from a share in the profits by generally exploitative and unfavourable terms of a contract. In the light of the same, the author’s view is that an amendment to the Copyright Act was long overdue and the Copyright (Amendment) Bill, 2010 is an affirmative step by the government to correct inequitable balance of interests that has plagued the Indian film industry. In order to arrive at a deeper understanding of the matter, reliance needs to be placed on the stand taken by the Indian judiciary with respect to the right of authors over lyrics used in songs in cinematographic vehicles. Recourse will also be taken to considerations on the basis of which the Bill is being pushed. An analysis of the lacunae that may exist even if the reforms are brought to fruition is concluded with certain suggestions to overcome them.
Page(s): 335-340
CC License:  CC Attribution-Noncommercial-No Derivative Works 2.5 India
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.16(4) [July 2011]

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