Regulation in Films
Kruti Shah 1
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Prevalent legislation
• Cinematograph Act, 1952
– Certification rules & guidelines of 1983 & 1991
• Copyright Act, 1957
• Cine Workers & Cinema Theatre Workers (Regulation of
Employment) Act, 1981
• Cine Workers Welfare Cess Act, 1981
• Cine Workers Welfare Fund Act, 1981
• Bombay Police Act, 1951
• Bombay Cinemas (Regulation) Act, 1953
• Bombay Entertainments Duty Act, 1923
Film censorship
• The most regulated area for films
• What does the law say?
• What are the common violations?
• A new Act on anvil
Film censorship: Justified?
• Is censorship of movies a violation of the
fundamental right to freedom of expression?
"Film censorship becomes necessary because a film motivates
thought and action and assures a high degree of attention
and retention as compared to the printed word. The
combination of act and speech, sight and sound in semi
darkness of the theatre with elimination of all distracting ideas
will have a strong impact on the minds of the viewers and
can affect emotions.
Therefore, it has as much potential for evil as it has for good
and has an equal potential to instill or cultivate violent or
good behaviour. It cannot be equated with other modes of
communication. Censorship by prior restraint is, therefore,
not only desirable but also necessary”
SUPREME COURT OF INDIA
Censorship vs. free speech
Film classification
Unrestricted Public Exhibition
Unrestricted Public Exhibition - But With Parental
Guidance
Restricted to adults
Restricted to any special class of persons
Sanction of any of the above category
subject to Excisions and Modifications
Refusal for Public Exhibition
• What about foreign films?
Censorship on DD
• Can a producer insist that her film be shown
on Doordarshan?
• Is DD’s policy of not telecasting adult movies
violative of Article 19(1)(a)?
Censorship on DD
• Can DD deny telecast of films that are critical
of the Government or its policies?
Ask the legal eagle
• Are sex & obscenity considered synonymous
in films?
• Can non-feature films compete in National
Film Awards?
• Is censor certificate a pre-requisite for film
awards?
• Can porno films be shown in
India?
Unofficial censors
The Da Vinci Code
In which of the following layers of a film do
copyrights rest?
• Set design • Sound recordings
• Dances • Broadcast
• Script • Performance
• Screenplay • Published editions
• Adaptations • Special costumes
Copyrights in film
• Who owns the composite copyrights?
• How long is it valid?
• Which of these can be copyrighted?
– Concept of battles in outer space
– Character names
– Film titles
Image/publicity rights
Rights on materials sourced
Title rights
• Can movie titles be protected as IP?
• How are titles protected currently?
Title rights
Title rights
Title rights
The Holly-Bolly connection
Why Hollywood won’t sue
• Is it worth it?
• A complex judicial process
• The burden of proof
• Who will bell the cat?
Hollywood rising: Payback time?
Pirates of the Ollywoods
• What is the scene in India?
• Avenues of piracy
– Cable TV
– Optical discs
– Video parlours
– Rental libraries
Action against piracy
• Cable TV Act provisions
• Copyright law made more stringent
• MPA campaign
Nabbing the pirates
Theatre Raj?
• Revenue sharing arrangements
• Tax breaks
