Section 22 Vs Section 26 And Section 27: The Contrasting Sections Of Copyright Law

Introduction

It is an established notion that in case of a cinematograph film (Section 26) or a sound recording (Section 27), the Copyright stays for as long as 60 years, while literary or musical works enjoy Copyright for the lifetime of author and 60 years thereafter (Section 22). Now the first thing that pops into the mind: “whether such protection is enough?”, “Does the author of any such work loses every right in terms of Copyright after the expiration of the time period mentioned under Section(s) 22, 26 and 27 and have no recourse to the same since the works are in public domain thereafter?”. Some argue that Section 22 is in contrast with that of Sections 26 or 27 since it provides a little more protection to the authors of a literary or musical work as compared to a cinematograph film or sound recording under the ambit of Copyright Law. Yet my question is even if it provides a little more protection, is that enough? Don’t the legal heirs of such authors have the right to enjoy some entitlement over the inherited legacy that their ancestors created after the 60 years from the death of their ancestors?

[Image Sources : Shutterstock]

Understanding The Contrasting Sections

Amitabh Bachchan expressed his outrage about the same in an interview. According to the Sections embedded in the Copyright Act, Amitabh Bachchan can only enjoy the exclusive right of Copyright over the writings of his Father Harivansh Rai Bachchan for only 60 years after his death. Since his dad died in the year 2003, he can only enjoy the exclusive rights until the year 2063, and thereafter all the works created by the Harivansh Rai Bachchan will enter the public domain and he will have no rights over them that was troubling the legendary star. I think which is, in a way, justified as well in the sense that if someone is creating a work, the copyright attaches to it as soon as the work is created, however, that copyright comes with an expiry date. Moreover, in a case of a cinematograph film or a sound recording, it is even less than that, which is troubling. Then, are we doing enough to protect the rights of the authors or copyright owners? In case of patents, it is understandable to grant such patent only for 20 years. The reason being the curbing of monopoly scenarios in an industry. For example, let us take Pharma industry: if the patent is granted to a medicine for eternity, there will be a loss of opportunity for other companies that can sell the same medicine at a cheaper price to the mass level of public if the same was expiring after 20 years of application of such a patent. If the patent holding company while exploiting the patent, prices the product at a higher price range being the dominant and only provider of that particular medicine to cure a specific disease, then it would not be feasible for everyone to afford it due to the economic status of such population. Hence, putting a time limitation in such cases are justified! However, when we talk about Copyright, there must be some protection given to the authors, copyright owners, or legal heirs of such persons to enjoy some entitlement in terms of Copyright over the works that they have created or their ancestors have created because it is indeed their legacy. Some argue that in the Film Industry, when a work is created, a legacy is created along with it. In addition, the heirs of the authors or copyright owners (in cases of Productions) of such work inherits that legacy by birth and such inheritance cannot be subjected to a time limitation under the Copyright Law. It is their right, and it cannot be time bound. Other argue that there is a money value, which is always attached to such work, and whoever puts in money to that work shall reap benefits out of that work for eternity. India is not the country that applies the time limitations with respect to Copyright protection to the works created by the authors, there are several countries e.g. USA provides the Copyright protection for 70 years. Yet again, are 70 years enough? This issue was further debated at the Film and television Producers Guild in Mumbai and Mr. Naidu (Executive Producer at Prasad Group) said that the term of 60 years makes no sense and it is totally rubbish. He further elaborated that the future generation must be aware of what legacy their ancestors had created over the past years and what exactly they are inheriting by being born in that family. According to Mr. Naidu, they are neither tracking the films that are out of the Copyright protection umbrella nor are they concerned about giving access of such films, songs or any other work to others. However, what are they truly concerned about is how their previous work will be used, adopted or re-used in the future developing works. He appreciated how the movie “Shubh Mangal Zada Savdhan” utilized an old clip from the movie “Ek Duje Ke Liye”. Therefore, as long as the essence of such work is kept intact, they have no issues. Meaning, while incorporating any prior work, the idea or essence behind the former creation must not be mutilated or distorted in any manner in the latter one, in the sense that it hurts the sentiments of the creators or it is disrespectful towards the legacy of such persons who had created it at the first instance.

Conclusion & Analysis

After a long discussion above, in my opinion, I think that we cannot put a time limitation to the legacy created by the legends. However, what we can do is to provide two types of Copyright Protection “one that is time bounded and the other that is not”. One that provides the authors or copyright owners of the works to enjoy the exclusive rights in terms of copyright over the works that grants them an option to exploit and monetize the work in any form, modes or media whatsoever for the lifetime of such authors or copyright owners and 60 years thereafter. Second, that provides the author, copyright owners or the legal heirs of such persons, with Copyrights in the sense that after the expiry of the former Copyright they do not have the exclusive right to exploit and monetize the work per se but have the right to legal recourse in any case of mutilation or distortion of such works. The works will enter the public domain ultimately.

However, in case if the works are utilized by anyone who exploits or monetizes it in a manner that the essence or the whole idea behind the former creation is mutilated or distorted in the latter one, then they have a recourse to initiate a legal action against any such mutilations or distortions. By this way, we are not snatching away their Copyright in the entirety at one hand but also giving them some sort of protection upon the expiry of the first Copyright on the other.

Author: Janmejay Goswami, A student of Nmims Kirit P Mehta School Of Law, Mumbai, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or   IP & Legal Filing.

REFERENCES

https://www.newmediarights.org/business_models/artist/what_types_things_are_protected_copyright

https://spicyip.com/2022/07/old-is-no-longer-gold-do-copyright-in-films-songs-expire-with-the-60-year-limit.html

https://amp.scroll.in/article/873157/amitabh-bachchan-isnt-the-only-one-who-is-unhappy-about-the-60-year-cap-on-copyright

https://www.mondaq.com/india/copyright/1158096/works-in-public-domain39-when-copyright-expires-an-overview