Your Script, Your Rights: Understanding Copyright as a Writer

Introduction:

While the cinematograph film is recognized as an independent copyright work, the works that make up the film, such as the ‘script’, also enjoy separate copyright protection, with the script falling under the category of ‘literary work’. This article delves into the scriptwriter’s rights, referencing the applicable provisions under the Copyright Act, 1957, and the judicial rulings.

Film vs Script :

Two Separate Copyrights Section 2(d)(v) of the Copyright Act, 1957, recognizes the producer of the film as the owner of the copyright. However, nowhere does the law recognize the producer as the owner of the underlying works in the cinematograph film. From the wordings of section 13(4) of the Copyright Act, 1957, “The copyright in a cinematograph film or a sound recording shall not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or, as the case may be, the sound recording is made”, it is evident that the cinematograph film and the works encompassed within it are distinct copyright works.

Author - First owner of copyright:

Section 17 of the Copyright Act, 1957 says that, the author is the first owner of the copyright work. This provision further strengthens the fact that the authors of the underlying works in a cinematograph film are the copyright owners of their respective works. Though the wording of the law is very clear, the scriptwriters often have to fight for their rights with the producer, as the producers generally have a presumption that they retain copyright ownership over the script, once the scriptwriter is commissioned to pen down the script. The producers often rely on the proviso clauses to section 17, to claim ownership over the ‘scripts’. When one such conflict arose between the producer and the scriptwriter, the Delhi High Court clearly outlined the rights of the scriptwriter, which has been discussed as follows.

Judiciary’s stand on scriptwriter’s rights :

In RDB And Co. Huf v. Harpercollins Publishers India ( 2023 DHC 3551), the Delhi High Court interpreted sections 13(4) and proviso clauses to section 17 and asserted that, none of the provisos to section 17 of the Copyright Act, 1957 would be attracted with regards to the underlying works in the cinematograph film. More specifically, the court emphasized that there exists neither a master and servant relationship nor an employer and employee relationship between the producer and the scriptwriter, and affirmed that the scriptwriters have exclusive rights over the ‘script’.

Key consideration for script writers :

The script writers are usually commissioned by the producers by way of agreements. The scriptwriters have to be more cautious while signing such agreements, specifically the assignment clause. Because once the scriptwriter assigns his rights to the producer, he cannot claim ownership over the script thereafter. This will actually help the scriptwriter to assert his ownership over the script.

Conclusion

The Copyright Act of 1957 clearly demarcates the distinction between the cinematograph film and the underlying works that are part of it, like the script. While the producer owns the copyright over the cinematograph film, the scriptwriter retains copyright over his literary work 'script', unless he expressly assigns his rights over the script to the producer. This position has been reaffirmed by the Delhi High Court in the case of RDB And Co. Huf v. Harpercollins Publishers India.

Since the assignment can permanently transfer ownership of the script to the producer, assignment clauses must be carefully reviewed. In order to protect their creative rights, screenwriters must be cautious when negotiating and comprehending their contractual responsibilities. Scriptwriters can successfully safeguard their ownership by understanding the statutory framework and ensuring that the agreement clauses are clear.

References:

1. Section 13(4), The Copyright Act, 1957.
2. Section 17, The Copyright Act, 1957.
3. RDB And Co. Huf v. Harpercollins Publishers India ( 2023 DHC 3551).

Your Script, Your Rights: Understanding Writers' Copyright