Anda di halaman 1dari 5

Exploitation of Rights by a Film Producer

Views

1. Technology has opened new arenas of Exploitation of Rights by a Film Producer.

2. It is suggested that one should take extra ordinary pain and care to ensure that
“Rights” are fully protected and no scope should be left for any person or party to
“Damage”, “Encroach” or “Infringe”.

3. This can be achieve by a exhaustive “Drafting” of agreements of international


standards which would stand the tests of not only Indian Laws but also of Global
or International Laws, not only for current period or time but may be for another
two centuries, if not eternity. The reason for this, is that “Rights” or more
particularly “Copy Rights” are “Creations Authored” for public benefit/viewing
and therefore, hold infinite Commercial or money value both in present or in
future.

4. It is therefore, immensely necessary to “Draft” agreements with utmost


intelligence, diligence, skill and dexterity. It is suggested to hire services of top
line solicitors having in depth “Film Industry” knowledge and working and most
preferredly a International Firm of Solicitors. This will enable the film producer
to protect his “Rights” both in presentii and in futuro.

5. There are very many types and nature of Rights. These Rights have changed with
time and development in Technology. These Rights are either singular or
collective or clubbed or bundled or given different names for different purposes.
How a film producer wishes to deal with the said Rights is totally left up to him.
However, it shall be wise for the film producer to get maximum advantage of
various Rights. A couple of popularly known Rights are given below. This is not a
exhaustive list, since in all likelihood, many more types may be yet to born :

a. The Traditional ones are “Theatrical” and “Overseas” (In the fifties to
seventies).
b. Thereafter, one has seen newer Rights in the Eighties and Nineties such as
audio, video, TV and Cable and many more.
c. With the change in Technology in the millennium, many are born such as
DVD, VCD, Satellite etc.
d. Currently further more Rights are existing such as in Film Advertising,
Video and Cable Advertising, Internet, VODs, DTH etc.
e. Even if all these Rights are to be interpreted independently and
individually then for each geographical territory in the globe and in the
universe, can be exploited for valuable consideration. Recently it is learnt
that say a case like Africa, many geographical sub division of Africa,
whether East, West, North, South have opened up to buy Rights. One may
not even have ever heard the names of such segments. But new
opportunities is thrown open for film producer. This especially, after
globalisation of Indian Film Industry. Even generally Indian Films are
popular all over the world.
f. Some of the newer inventions of Film Rights are “IPTV” (Refer enclosed
material). Mobile Telephone Rights, Rights to see film on one’s Wrist
Watch, Rights on Moon or any other planet (For Instance Japan is
targeting to construct a Five Star Hotel on moon; in fact in the USA some
agencies have sold Land/Mass on moon (News Paper Reports), Possibility
of Life on Mars (Recent Astronomy findings in USA); Rights for viewing
film in a Car, Ship, Private Aircraft (Other than Airborne Rights);
Wallpapers, Downloads, Rights to watch film on Computer, Palm Top,
Lap Top and other electronic devices whether by DVD or CD or Pen
Drive or by Download or any other manner.
g. Care should be taken to independently deal with each specific Rights,
whether inclusively or exclusively, as may be desired by the Film
Producer.
h. Care should be taken to have a definite clause of excluding from the
purview of agreement all those Rights which are not invented today,
which may be invented in the future.
i. One’s imagination may be limited to capture all possibilities and therefore
it is desired that utmost care should be taken while dealing with any
Rights, at least for the benefit of the future generations.
j. It is strongly desired that a perfect internal control in the form of a “Rights
Register” should be strictly maintained by a Film Producer, which will
record the various types of Rights and their “Issue” and “Expiry” dates
and sound signals for “Reissue”. It is also important to pass a
“Cancellation” letter or advise on “Expiry” of Rights with the concerned
party. This exercise is highly desirable if the “Library” is large.
k. Attention is also drawn to the amended definition of “India” in the
context of The Income Tax Act, The Indian Constitution and other
Statues. A reference to this shall aid and assist in finalizing “Territories”
both within India and Globally.
l. Support may also be taken from Information Technology Act, Copy Right
Act, Cinematography Act, Cyber Laws, Laws dealing with Territorial Air,
Water and Space jurisdiction and so on.
m. While drafting the agreement, care should be also taken to capture the
implications of MVAT, Service Tax, Stamp Duty, any other Statutes
including Income Tax Laws, all of which whether currently in operation or
may be introduced in the future.

*********
Definition of Rights
Definition of Rights whether past, present or future or to be invented, includes but not
limited to :
35MM Rights
16MM/MM & All reduced Sizes
Airborne/Airline Rights
Airport Rights
Audio CD Rights
Audio Cassette Rights
Audio-Visual Song Rights for Satellite
Audio-Visual Song Rights for Video
Audio-Visual Song Rights for Internet
Broadcast Rights – Audio
Broadband Rights
CCTV Rights
Clip Rights
Cable TV Rights
Commercial & Non-commercial Rights
Commercial Establishment Rights
Communication Rights
Computer Floppy Rights
Compilation/Combination Rights
Convergence Rights
Copyright Rights
DBS Rights
Defense Rights
Dialogues Rights
Digital Rights
Digital Audio Format Rights
Digital Video
Digital TV Rights Formats
Disc Tape Rights
DTS Rights
Dubbing Rights
Download Rights
Event Rights
FM Radio Rights
Flying Rights
Free TV Rights
FTA – satellite and non-satellite Rights
High Definition Rights
Home Viewing Rights
Hotel Rights
IPTV Rights
India Rights
In-film Placement Rights
IP Rights
Internet Rights
LCD Rights
Marketing Rights
Mars Rights
Mechananical ights
Merchandising Rights
MMDS Rights
Mobile Phone Rights
Moon Rights
Movie On Demand Rights
Multimedia Rights
Music Rights
Near Video On Demand Rights
Non-Physical Rights
Non-theatrical Rights
Non-exclusive European Rights
Non-exclusive Asia Rights
Overseas Rights
Pay Per View Rights
Pay TV Rights
PC Rights Performance Rights
Planet Rights
Playing Rights
Promotion Rights
Publishing Rights
Railway Rights
Recording Rights
Rental Rights
Ring-tone Rights
Rocket Rights
Satellite Rights
Scenarios Rights
Script Rights
Sea/Ship Rights
Songs Rights
Story Rights
Submarine Rights
Subscription TV Rights
Subtitling Rights
Surface Rights
Synchronization Rights
Telephone Rights
Terrestrial TV Rights
Theatrical Rights – D and E Cinemas
Tie-up Rights
Transportation Rights
VCD Rights
VHS Rights
Video Rights
Video Cuberspace Rights
Video On Demand Rights
Video Theatre Rights
Video gram Rights
Web Rights
Wireless telegraphy Rights
World Rights
Wallpaper Rights
Watch Rights