Intellectual’ means a person with an ability to create new ideas, thoughts, information either in a creative artistic manner or through numbers and words. In whatever form the intellect is created it has to be protected from unauthorized copying. The intangible properties created through intellect is called “Intellectual Property”. Worldwide, laws are established to protect Intellectual Property classified into 6 brackets, i.e., Copyright, Patents, Trademarks, Trade Secrets, Designs, and Geographical Indications. The rights to use these categories are called Intellectual Property Rights.

In Content Creation Industry, the inclination is towards developing and exploiting copyright under the Intellectual Property Rights umbrella. This is because copyright primarily extends over 6 classes of originally created works, i.e., literary, dramatic, musical, artistic, cinematographic, and sound recordings. An audiovisual content (which can be either film, feature film, web series, short films, advertisements, etc.) comprises all the copyright classes.

In Content Creation Industry, a writer is usually considered the most important person to create intellectual property in literary works. Thus, when an audiovisual content piece is developed, we have to ensure that a writer’s agreement(s) is elaborately drafted and executed to ensure that the writer has written the original script for the audiovisual content. But, of course, unless the script/story is an adaptation from a book or is a derivative work developed based on original content. Similarly, music composers who create musical works, directors directing cinematographic films, and the actors who are also part of embodying artistic works are important copyright owners of the works.

As Studio’s In-House Counsel, we have to execute nearly 75-200 agreements with talent engaged to ensure that these are original creators of the copyrightable works. We are also required to assign such created copyrightable work in universal perpetuity to the Studio for authorized exploitation without any demur/ encumbrance from the talents in any manner whatsoever. While developing the content, all the intellectual properties since Studio commercially exploits the rights in universal perpetuity to recoup the money invested in the audiovisual content.

We also have to structure the deals wherein the chain of title on all the audiovisual content created and/or acquired by the Studio is clear from any infringement. All the intellectual property rights are flowing well from the original author/creator to the final exploiter. Thus to ensure the same, we also have to draft numerous rights acquisition agreements to acquire the rights from the original copyright author. Suppose two or more parties produce some content together. In that case, there has to be a co-production agreement wherein the obligations, representations, and warranties of the respective parties are enumerated in depth.

Suppose the Studio wants to develop the content based on a published book. In that case, the Studio enters upon a Book Option Agreement wherein the Studio has 6 – 18 months to exercise its option to develop the content in terms of developing the script, locking the actors and other talents and raise money to fund the audiovisual content. Such time frame is called the “Option Period”. However, on the completion of the Option Period if the Studio is desirous of producing the content based on the book then it will enter upon an Assignment Agreement with the book author and publication house since the literary works will be converted into audiovisual content and there is a significant change in the copyright category. In recent times there are films, web-series which are based on such books.

Today most of the trending content are biopics which made in the form of web-series, films, short stories and are based on real-life stories of famous persons i.e. politicians, sports personality, retired army officials, criminals etc. Copyright law also extends protection towards privacy of the personals, thus if the Studio desires to produce these biopics then the Studio enters into a Life Rights Acquisition Agreements with the respective personals wherein the life story rights of the personals are assigned to the Studio under these biopic agreements with a commercial understanding and the personalities in future cannot claim unauthorized usage and exploitation of their story against the Studio.

Further once the content based on the story completes the pre-production activities in terms of locking the script, talents, recee, shoot locations, and content budget finalization, it proceeds towards commencing the principal photography shooting schedule of the content with the talents engaged on the project. Once the content completes the principal photography, it gets processed into the laboratory wherein the visual effects, computer graphics takes place and audio is synched with the content and final master’s video for commercial exploitation to the respective content exploiters.

If the content is a cinematographic film, then first the Studio will deliver the content to the theater owners, who will run the content for 4 weeks in theatres worldwide. Then, the content is showcased on television after 60 days from the first theatrical release. Lastly, the content gets released on the overthe-top platform (i.e. Netflix, Amazon, Disney Hotstar, Eros Now, etc.) after 90 days from the first theatrical release. However, this scenario and the timelines have constantly been changing since 2020 because of the Covid-19 pandemic and worldwide lockdown.

In lieu of the exploitation of the content as mentioned above, we have to enter upon Content License Agreements with these cinema owners worldwide, satellite partners, and OTT players since the content is licensed by Studio for an agreed period of time in lieu of which the Studio earns monies from the respective window owners.

Thus, to avoid any claims/concerns on the exploitation of the content, we have to ensure that the created intellectual property on the content is acquired legally for commercial and/or non-commercial exploitation in universal perpetuity, failing which the content stands open to future litigation issues which shall demean the value of the intellectual property which the Studio has invested in acquiring the same.w