June 12, 2020
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June 10, 2020
Film and Media Laws for Script Writers
So you have worked hard for months and written your script and screenplay. After unending series of drafting, redrafting and incorporating ideas and suggestions of friends, family and well wishers you have finally come to a somewhat final draft of your script. Now the real battle begins. Pitching in your script to the production houses, meeting people and a marathon of endless narrations that follow.
But what if your script gets leaked in the process? Or someone is “inspired†by your idea and comes up with a not-so-different version of your story? Or worse, before you know it, someone uses your very own work and makes a film, which gets a theatrical release and becomes a hit while you are still in the web of narrations and delays. Nightmare?
Well its time you know your rights properly and are well informed and prepared. After all you are a professional and its better to be safe than sorry.
Here are a few things that EVERY SCRIPTWRITER SHOULD KNOW.
Am I the author?
Section 17 of the Copyright Act 1957 statutorily recognizes the author of the work to be the first owner of the copyright therein. However it is subject to some exceptions. As in the case of a literary or dramatic work the author, i.e., the person who creates the work is the author. If the work is created in the course of employment the employer is the owner of the copyright (unless a contract to the contrary exists). As in the case of a cinematograph work (film), the producer is the author.
Whose idea is it anyway?
It is important to understand that “the originator of an idea is not the owner of the copyright†(R.GAnand Vs. Deluxe films). Copyright belongs to the person who gives concrete form to the idea. E.g.: writes a book, makes a film from an idea discussed etc.
Even if the idea is original no copyright subsists or guaranteed. “The originator of the brilliant idea is not the owner of the copyright in the work, unless he is also the creator of the work†(Donogue Vs. Allied Newspaper).
There can be no copyright in
# Idea
# Subject matter
# Themes/plot
# Historical/legendary facts
# News
Copyright exists only in material form to which ideas are translated.
When and where should I register my script?
It is advisable to register your script before you circulate or narrate it to producers/actors etc. You can register your script at the Film Writers Association (FWA[i]) inMumbai[ii]. In case of a book or other artistic work you can register for a Copyright to the work. The Copyright Office is currently located inNew Delhi [iii].
Is registration expensive? Or compulsory?
The registration fee in the FWA is reasonable between INR 2700 to 3000 (subject to periodic revisions). The appendix A gives an insight into the fee for registration of Copyrights.Registration of your script or your artistic work is not compulsory. The acquisition of copyright is automatic upon its creation. However in case of a dispute relating to ownership of copyright the prima facie evidence in court is the certificate of registration of Copyright. So registering your work safeguards your rights and is a preventive measure and not a compulsory obligation.
What does it mean when a contract asks you to “assign your rights�
The owner or prospective owner of the copyright in an existing/future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof.The assignment should be in writing and signed by the assignor (one who assigns the right to another party) or by his duly authorised agent. The document shall be specific about the rights assigned, duration, territorial extent, amount of royalty paid and whether such assignment is subject to revision, extension and the terms of terminations should be mentioned. Where a period of assignment is not stated the period is deemed to be five years from the date of assignment.
What does The Copyright (Amendment) Act 2012 say?
The 2012 amendment strengthens the rights of the author and clarifies that in case of assignment offuturework, assignment will come into force only when the work comes into existence. Furthermore, in case of cinematograph film or sound recording, the author shall not assign the right to receive royalties in any form other than as a part of the film or sound recording.The amendment also includes ‘other considerations’ or modes of payments besides royalty payable to the assignor and in such cases the assignment should be specific about these considerations. All rights assigned should be clearly and specifically mentioned and there can be no general assumptions.
Irrespective of any assignment of the copyright, the authors shall have claim to royalties from the utilization of such work used to make a cinematograph or sound recording.
The amendment also specifies the assignment of copyright void if it is contrary to the terms and conditions of the earlier assignment to a copyright society in which the author of the work is a member.
In addition to these basic amendments other improvements have also been made to the performers rights, compulsory Licence, rights to commercial rental, protection against Internet piracy, special provisions for the disabled etc. For detailed information you can refer toThe Copyright (Amendment) Act 2012 [iv]
Assignment vs. Licence
Assignment is the transfer of ownership of copyrights as per the terms agreed upon in writing. Whereas licensing your work in a limited capacity transfers only the interest in the copyright while you retain the ownership of the copyright.What is the Author’s Moral Right?
Though not statutorily defined, moral rights are the rights of publication, right to claim authorship, right to prevent alteration and other acts that may damage the author’s reputation. Moral rights are available to the authors even after the economic rights are assigned. The moral rights are independent of the author’s copyright and remains with him even after assignment of the copyright.When does my script become someone else's property?
# In the case of a work made in the course of the author’s employment under a contract of service or apprenticeship, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.# In case of a written assignment to this effect.
# In case your script is proved to be an original work of a third party and you are not the true owner of the work.
# In case the author gives a notice to the registrar of Copyrights to relinquish all or any of the rights in the work or by way of public notice as per the new Amendment.
# If the copyright in the work has expired, the work falls under public domain and its use by other party does not amount to infringement. The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author. In the case of cinematograph work (films), sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations, the 60-year period is counted from the date of publication.
# If the owner of a copyright dies intestate (without making a will), it passes on to his personal representative or legal heirs.
What should I do when I get to know of script plagiarism?
There are two types of remedies available-1. Civil –
a) ANTON PILLAR ORDER – in a few cases court may pass an ex parte order requiring the defendant to allow the plaintiff accompanied by attorney to enter his premises and make inspection and take or remove copies for safe custody. However such orders are passed very cautiously.
b) INTERLOCUTORY INJUNCTION can be obtained from the court for an existent infringement, continuance or anticipation of infringement.
c) Damages for infringement and conversion of his copyright material in another form can be claimed by serving a legal notice to the party followed by court proceedings.
d) Account of profits as an alternate to damages.
2. Criminal– Any person who knowingly infringes or abets the infringement of the copyright in any work commits criminal offence under Section 63 of the Copyright Act.
In the court of the first class magistrate proceeding can be initiated for infringement. The court may order all infringing copies to be delivered to the owner and a police officer of the rank of sub inspector and above to seize without warrant all such copies and produce them before the magistrate.
The offence is punishable with imprisonment extending from six months to three years and with a fine of INR 50,000 to 2,00,000.
Appendix A [v]
Fee Can Be Paid By Postal Order /Demand Draft Payable To “Registrar Of Copyrights, New Delhiâ€:
S.No. | For an application for COMPULSORY LICENSE : | Fee |
1. | For a license to republish a Literary, Dramatic, Musical or Artistic work (Sections 31, 31A,31B* and 32A) | Rs. 5,000/- per work |
2. | For a license to communicate an any work to the public by Broadcast(Section 31(1)(b)) | Rs. 40,000/- per applicant/per station |
3. | For license to republish a Cinematograph Film (Section 31) | Rs. 15,000/- per work |
4. | For a license to republish a sound recording (Section 31) | Rs. 10,000/- per work |
5. | For a license to perform any work in public (Section 31) | Rs. 5,000/- per work |
6. | For a license to publish or communicate to the public the work or translation (Section 31A) | Rs. 5,000/- per work |
7. | For a license to publish any work in any format useful for person with disability (Section 31 B) | Rs. 2,000/- per work |
8. | For an application for a license to produce and publish a translation of a Literary or Dramatic work in any Language (Section 32 & 32-A ) | Rs. 5,000/- per work |
9. | For an application for registration or copyright in a: | |
(a) Literary, Dramatic, Musical or Artistic work | Rs. 500/- per work | |
(b) Provided that in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods (Section 45) | Rs. 2,000/- per work | |
10. | For an application for change in particulars of copyright entered in the Register of Copyrights in respect of a: | |
(a) Literary, Dramatic, Musical or Artistic work | Rs. 200/- per work | |
(b) Provided that in respect of a literary or Artistic work which is used or is capable of being used in relation to any goods (Section 45) | Rs. 1,000/- per work | |
11. | For an application for registration of Copyright in a Cinematograph Film (Section 45) | Rs. 5,000/- per work |
12. | For an application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film (Section 45) | Rs. 2,000/- per work |
13. | For an application for registration of copyright in a Sound Recording (Section 45) | Rs. 2,000/- per work |
14. | For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording (Section 45) | Rs. 1,000/- per work |
15. | For taking extracts from the indexes (Section 47) | Rs. 500/- per work |
16. | For taking extracts from the Register of Copyrights (Section 47). | Rs. 500/- per work |
17. | For a certified copy of an extract from the Register of Copyrights of the indexes (Section 47) | Rs. 500/- per copy |
18. | For a certified copy of any other public document in the custody of the Register of Copyright or Secretary of the Copyright Board | Rs. 500/- per Copy |
19. | For an application for prevention of importation of infringing copies (Section 53) per place of entry | Rs. 1,200/- per work |
End-Notes
[i]http://fwa.co.in/Membership.php
[ii]201/202, Richa, Plot no B – 29,Off New Link Road, Andheri (West). Mumbai – 400 053, India
[iii]4th Floor, Jeevan Deep Building, Parliament Street. New Delhi – 110001
[iv]http://www.ssrana.in/Admin%5CUploadDocument%5CIP%20Updates%5C2012-06-18-Notification%20of%20the%20Copyright%20Act.pdf
[v]Source:http://copyright.gov.in/frmFeeDetailsShow.aspx
June 05, 2020
వారిద్దరూ హెచ్ఐవీ పెషంట్లు.
Bored During Self-Isolation? 100+ Tips for Staying Entertained and Engaged
Trapped inside and going stir-crazy due to quarantine? You aren’t the only one! Here are all kinds of things you can do to stay sane while self-isolating and social distancing!
The novel coronavirus and COVID-19 have turned the entire world upside-down. We’re stuck at home without much to do, and there’s only so much Netflix you can watch before you start feeling cabin fever.
It might be months, or even years, before society goes back to normal—if it ever does—so we have no choice but to get used to how things are now. And that means finding ways to keep ourselves entertained without leaving the house.
Is your well running dry? We’ve compiled a master list of ideas for you! In between staying up-to-date with trustworthy COVID-19 news, check out the following things you can do from the comfort of your home.
Doing Stuff With Friends Remotely
The hardest thing about self-isolation and social distancing is… the distance! We miss interacting with our friends and family. But while physical meetings might be off the table, that doesn’t mean we can’t hang out virtually.
Here are several fun activities you can do with others, even while you all stay within the confines of your own respective homes!
Watch movies and TV shows in sync together:
- How to Watch Netflix With Friends Remotely
- How to Watch YouTube With Friends Remotely
- How to Watch Plex in Sync With Friends Remotely
- How to Listen to Music With Friends Remotely
Pass the time by playing lightweight games together:
- The Best Phone Games to Play Over Text With Friends
- The Best Multiplayer Mobile Games to Play With Friends
- The Best Two-Player Mobile Games to Play Anywhere
- The Best Free Fan-Made Pokémon MMOs
- The Best Free Two-Player Online Games to Play in Your Browser
Or just get together as a virtual group and shoot the breeze:
- How to Use Zoom for Online Meetings
- The Best Apps for Free Group Conference Calls
- The Best Free Online Screen Sharing Tools
- The Best Free Online Collaboration Tools
Keeping Yourself Occupied When Alone
While it’s certainly possible to do stuff with others remotely during self-isolation, you’ll need to find ways to keep yourself mentally stimulated and engaged during those times when you’re alone. Fortunately, we have a LOT of great ideas for you!
But before you dive into all the different distractions we have for you, it’s important to stay mentally centered. If you’re feeling overwhelmed by anxiety during this stressful time, we recommend the following apps that may help relieve some of your nervous energy:
Movies
- How to Check Which Movies Are Available to Stream
- The Best Free Movie Streaming Sites
- The Best Free Movie Apps to Watch Movies Online
- The Best Free Sites to Watch Horror Movies Online
- The Best Free Movies to Watch on Vudu
- The Best Free Sites for Public Domain Movies
- The Best Movies to Watch on Amazon Prime
- The Best Sites to Rent Movies Online
- The Best Interactive Movies to Watch and Control Online
- The Best Geeky Movie Marathons Everyone Should Try
TV and Anime
- The Best Streaming TV Services (Free and Paid)
- The Best Free Internet TV Channels to Watch Online
- The Best Sites to Watch TV on Your Computer Over the Internet
- The Best Live TV Streaming Services
- The Best Legal IPTV Service Providers
- The Best Free Sites to Watch Anime Online
- The Best Free Roku Channels
- The Best Hidden Roku Channels You Should Install
- The Best Unofficial Plex Channels You Should Install
- The Best TV Shows That Make HBO NOW Worth It
YouTube
- The Most Viewed YouTube Videos Ever
- The Best YouTube Channels You Should Watch
- The Best YouTube Channels for Binge-Watching
- The Best YouTube Originals to Watch on YouTube Premium
Video Games
- The Best Free PC Games to Play This Year
- The Best Mac Games to Play This Year
- The Best Sites to Download Premium Games for Free
- The Best Sites to Download Old PC Games for Free
- The Best Free Fan-Made Super Mario Games
- Fun Pokémon Challenges to Prove Your Mastery
Browser Games
- The Best Browser HTML5 Games
- The Best Browser City-Building Games
- The Best Browser Strategy Games
- The Best Browser FPS Games
- The Best Browser Escape Room Games
- The Best Browser Text-Based Adventure Games
- The Best Browser Interactive Fiction Games
- The Best Typing Games to Test Your WPM
Mobile Games
- The Best Free Mobile Games Without Ads or In-App Purchases
- The Best Classic Board Games to Play on Mobile
- The Best Classic PC Games to Play on Android
- The Best Offline Mobile Games for Android
- The Best Offline Mobile Games for iPhone
- The Hardest Online Games to Play in Your Browser
Ebooks
- The Best Ebook Subscription Services for Unlimited Reading
- The Best Free Ebook Download Sites
- The Best Free Sites for Ebooks That Don’t Suck
- The Best Online Ebook Stores
- How to Read Free Ebooks With Wattpad
Comics and Manga
- Marvel Unlimited vs. ComiXology Unlimited for Unlimited Comics
- The Best Free Sites to Read Comics Online
- The Best Free Sites to Read Manga Online
Audiobooks
- The Best Free Audiobooks
- The Best Audiobooks to Listen to During Your Free Audible Trial
- Insider Tips to Get the Most Out of Audible
- What’s the Difference Between Podcasts and Audiobooks?
Podcasts
- The Best Podcast Apps for Android
- The Best Podcast Apps for iPhone
- The Best Podcasts on Spotify
- The Best Podcasts for Men
- The Best Podcasts for Kids
- The Best Podcasts for Falling Asleep
- The Best Family-Friendly Podcasts
- The Best Comedy Podcasts
- The Best Book Podcasts
- The Best Movie Podcasts
- The Best Mystery Podcasts
- The Best Storytelling Podcasts
- The Best Design Podcasts
- The Best Personal Finance Podcasts
- The Best Brain-Boosting Podcasts
- How to Find Better Podcast Recommendations
Learning Something New With Your Extra Time
With so much free time on our hands, now’s the opportunity to learn that new skill or hobby that you’ve always wanted to try but couldn’t. There are plenty of things you can learn from home—like programming, photography, digital art, and more—so why not give it a go? You’d be surprised at how quickly time flies when you’re doing something you’ve never done before.
Programming
- The Best Free Game Development Software Tools
- The Best Free Sites for Online Computer Programming Courses
- The Best Free Coding Games to Build Your Programming Skills
- The Best Code-Along YouTube Channels to Learn Programming
- The Best Coding Apps for Kids
- The Best Coding Games for Kids
- The Best Beginner Projects for New Programmers
- The Most Common Programming and Coding Mistakes
- How to Learn Programming Without All the Stress
Music Production
- The Best Sites to Learn Music Theory
- The Best Sites for Online Music Lessons for Instruments
- The Best Sites for Learning How to Play Piano
- The Best Sites for Free Sheet Music
- GarageBand vs. Audacity: The Best Music Production Software
- The Beginner’s Guide to GarageBand
- How to Use GarageBand and Free Music Loops to Create Your Own Tracks
- The Beginner’s Guide to Audacity
- The Beginner’s Guide to Ableton Live
Photography
- The Best Free Lessons to Learn Photography Basics
- Essential Photography Tips for Absolute Beginners
- Essential Photography Gear Items for Beginners
- Skill-Building Photography Exercises That Really Work
- Creative Photography Practice Ideas for Beginners
- DSLRs vs. Smartphone Cameras: How Do They Compare?
- Simple Tricks to Boost Your Smartphone Photography
- Mistakes That Will Ruin Your Smartphone Photography
- Essential Mobile Apps for Photographers
- How to Improve Your Photography Skills Using Reddit
- The Best Beginner-Friendly Photo Editing Programs
Digital Art and Design
- The Best Sites to Learn About Art History
- The Best Sites for Learning How to Draw
- The Best Tutorials for Drawing Anime and Manga
- How to Start Making Webcomics for Free
- How to Teach Yourself Adobe Illustrator for Free
- How to Learn Digital Art From Scratch With Lynda
- How to Learn Digital Design and Art Theory for Free
- The Best Tools, Software, and Services for Illustrators
- The Best Pixel Art Tools and Software
- The Best Design Apps for Designers on a Budget
- The Best Free Online Interior Design Courses
- Must-Watch Documentaries for Artists and Designers
- Is Art School Necessary for a Career in Graphic Design?
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