Increased vigilance by producers to combat digital piracy and merchandise theft

Legal experts say unscrupulous individuals have often attempted to exploit the unique reputation and identity of such works for unfair gain, particularly through digital piracy or for the sale of merchandise. Intellectual property rights Protection has become stronger now with the advent of powerful technologies that can help steal monetization opportunities and lead to losses for producers.

For example, Night Shift Studios and YNOT Studios, the makers of Malayalam films Brahmayugamstarring Mammootty, have issued a statement saying that they have registered the title and logo of the film, and any unauthorized use of these or the music, dialogues, etc. for commercial use, will be dealt with legally. It was released in February 2024 and was a hit, grossing close to ₹90 crores at the box office.

The Delhi High Court then issued a John Doe order last month to protect the intellectual property of the popular sitcom. Taarak Mehta Ka Ooltah ChashmahA John Doe warrant is issued against the world at large and allows a person to take legal action against unknown parties.

Similarly, the Baahubali The franchise was granted extensive trademark protection. Producers registered trademarks not only for the film’s title, but also for related merchandise such as logos, character names, and catchphrases.

Industry experts say producers are now more vigilant in registering titles of films and TV shows with bodies such as the Indian Motion Picture Producers Association (IMPPA) to avoid conflicts.

In the past, films like That’s all, Vanangaan and Satyagraga They faced title disputes with different entities claiming that the titles were registered with them. Many turned to the courts to prevent the release.

What drives the trend?

Abhishek Chansoria, senior partner at law firm Saraf and Partners, said the proactive approach of film, television and content producers is driven by issues such as technological changes, financial risks, global market and historical infringements.

In addition, digital piracy has undergone innovations that have given rise to new mechanisms for distributing pirated content, requiring a greater degree of caution and vigilance on the part of producers, he said.

“Advances in artificial intelligence and machine learning have also enabled more sophisticated content creation and editing tools that increase the risk of unauthorized use and manipulation of copyrighted material,” Chansoria said, pointing to deepfake technology, which can be used to create realistic but unauthorized reproductions of actors.

“Producers are now much more vigilant and even more proactive in protecting their intellectual property, given that the avenues for displaying infringing content and the anonymity of the Internet have led to indiscriminate violations of intellectual property rights,” said a studio director on condition of anonymity.

Protecting long-term value

Beyond simply protecting intellectual property rights from an artistic perspective, Indian film and television producers increasingly understand that movies and TV series have long-term value in terms of marketing and merchandise, according to Gaurav Sahay, head of Fox Mandal & Associates’ technology and general corporate practice.

“The goal may be reframed to make greater financial gains by reviving the name or even putting on shelves the brand-related merchandise that the film and TV series have produced on their own,” Sahay said.

Sahay added that Indian films and TV shows are increasingly targeting global audiences. “Protecting their intellectual property rights, which are crucial to securing international distribution deals, building franchises, maintaining brand consistency and securing international collaborations and co-productions, also enhances their ability to leverage these assets in a competitive global market for greater financial gains,” Sahay explained.

Types of IPR protection

Copyright and trademarks are the two main pillars of intellectual property protection for films and television series. Copyrights can be registered with the Copyright Registry. Trademarks, including titles, can be registered with industry bodies such as the IMPPA.

“Copyrights protect unauthorized use of content by third parties, preventing the copying of scenes, stories, songs, etc., while trademarks protect things like movie titles and characters,” said Siddharth Mahajan, partner at Athena Legal. “The risk arises from unauthorized use of both elements by third parties seeking to profit by copying previous content or trying to associate themselves with a successful brand.”

With the rise of digital platforms like Netflix, Amazon Prime and Disney+ Hotstar, producers are taking extra steps to protect their content from piracy and unauthorized streaming. This includes incorporating watermarks, using digital rights management (DRM) tools and protecting international copyrights.

According to Ateev Mathur, Partner and Head of Litigation Practice at SNG & Partners, Advocates & Solicitors, the objective of jurisprudence on protection of intellectual property rights is to protect and safeguard the hard work put into creating a distinctive literary work. It is the responsibility of a civil society to protect the unique thoughts of its people.

The types of lawsuits that are coming to court today are primarily related to claims of infringement in the context of stories, plots and themes, as well as unauthorized depictions of personalities, particularly controversial ones, according to Ameet Datta, partner at Saikrishna & Associates.

“IP owners are also realizing the commercial value of ancillary and derivative rights and are therefore much more conscious of protecting them as well,” said Mallika Noorani, senior partner at Parinam Law Associates, adding that today we are also more protective of underlying elements such as character rights, iconic phrases or dialogue.

“We have also seen several producers register trademarks for films and characters to enable seamless exploitation of merchandising rights,” Noorani said.