International Protection

With the globalization of the film industry, protection of the copyright in films overseas is a burning issue. Copyright in an Indian film can be protected internationally by the mechanism provided in the international conventions to which India is a signatory. Presently, India is a signatory to three international conventions on copyright, i.e. the Berne Convention for the Protection of Literary and Artistic Works (1883), the Universal Copyright Convention (1952) and the Agreement on Trade Related Aspects of Intellectual Property Rights, 1994 ("TRIPS"). As per the provisions of these conventions, the works of a national of one member country are protected in another member country also.²⁴¹ The protection²⁴² accorded to works of such foreign nationals in the other member country is similar to the protection and treatment given to its own nationals.

Therefore, a film made in India or made by an Indian producer would enjoy copyright protection in the United States, Canada, the United Kingdom and other countries that are signatories to the international conventions. The protection given to the Indian film would be the same as given to a film made in the U.S., U.K. or Canada. In fact, the protection accorded to Indian films in the U.S. for example, may even be far better than the protection given to them in India.

It may be difficult to enforce copyright in some countries, not because the countries do not have copyright laws, but because the procedures inherent in obtaining relief as a practical matter make it highly unlikely to obtain the relief sought. In other situations, the remedies available are either not available or not likely to be enforceable.²⁴³ Today, as the target audience for Indian films is becoming global, producers of the films should identify their target countries and take appropriate steps to prevent piracy of their films overseas. Entering into appropriate contracts could be the first step that would definitely help in mitigating any risks and also show the good faith of the parties in trying to reduce infringement.