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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.16 [2011] >
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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