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Intellectual Property Rights In The Entertainment Industry In India




Prasanthi, Sastra Deemed University

Sabarish S, Sastra Deemed University


ABSTRACT


The Indian entertainment industry is a dynamic and culturally diverse landscape, renowned for its prolific creative output that spans film, television, music, and more. Integral to this ecosystem are intellectual property (IP) rights, serving as the vanguard of creative innovation and artistic protection. This research paper offers an extensive examination of the intricate interplay between IP rights and India's vibrant entertainment sector. It explores the distinct challenges confronting creators, producers, and consumers within the context of copyright, trademarks, and emerging technologies, while also revealing the profound influence of IP on content creation, distribution, and safeguarding within the Indian entertainment sector. The historical evolution of IP laws in India and their symbiotic relationship with the entertainment industry form the foundation of our inquiry. Landmark cases and pivotal milestones illuminate this journey, showcasing the adaptability of IP laws amidst technological advancements and shifting cultural landscapes. Our focus then shifts to copyright, an essential IP within India's entertainment domain. We delve into the core tenets of Indian copyright law, encompassing protection, duration, and ownership. In an era marked by digital innovation, we confront the pressing issue of copyright infringement, emphasizing the need to strike a delicate balance between IP preservation and creative evolution. We also examine the role of fair use and exceptions within India's copyright framework. Trademark protection and branding strategies in the Indian entertainment industry receive dedicated attention. We underline the critical role trademarks play in marketing and merchandising, alongside trademark registration and protection nuances in the Indian context. Prominent trademark disputes underscore the significance of preserving iconic symbols. The transformative influence of emerging technologies, including digital streaming and virtual reality, on content distribution and protection within India's entertainment sector is scrutinized. Our investigation concludes by emphasizing the far-reaching implications of IP rights in India's entertainment Industry. These rights, we argue, are not mere legal safeguards but essential enablers of creativity, cultural preservation, and economic growth within one of the world's most diverse nations. This paper serves as an illuminating exploration of IP dynamics in India's entertainment industry, reflecting its distinctive challenges and the enduring importance of protecting intellectual property amidst digital transformation and creative richness.


Keywords: Intellectual property rights, Entertainment industry, Copyright, Trademark.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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