We, the writers and composers working in the Indian film & Television Industry, regretfully state that we have noticed several instances of the Producers / Production houses / Broadcasters / OTT Platforms, and Music Companies violating various provisions of the Copyright Act in terms of:
(i) giving due credit to the writers and composers in the credit list, i.e., Poster / Trailer / Teaser, etc., of the film/web content / Music Videos, whereas the names of many other technicians, including non-creative crafts, are getting prominent space in the same spot. This shows the intentional exclusion of the creators and a gross violation of their moral rights.
(ii) incorporating clauses that are illegal and conflicting in the Agreements / Contracts executed between the Producers / Production houses / Music Companies / Broadcasters / OTT platforms and the writers and composers to suppress the rights of the writers and composers legitimately mandated in the Copyright law of India (as amended in 2012).
iii) the continued usage and enforcement of one-sided contracts, full of exploitative language and terms like 'advance royalty' and 'work for hire,' which are detrimental to protecting the creators' copyright.
iv) enforcement of illegal and immoral restrictive clauses in the prevalent agreements and contracts that forbid the creators to be a member of or, in case of dispute, seek respite from societies, unions, and associations of their peers like SWA, MCAI, and FWICE.
v) enforcement of illegal and immoral clauses in the prevalent agreements and contracts that ask to disregard and exclude parts of the existing copyright law (as amended in 2012) from the contract.
Given the above facts and circumstances, it is evident that copyright infringement is rampant in the industry, causing the interests of the writers and composers to be severely harmed. We, therefore, humbly request all the significant players in the entertainment sector, the GOVT OF INDIA, associations, and unions like the SWA & MCAI, and copyright protection agencies to take cognizance of the facts and ask the Producers / Production houses / Music Companies / Broadcasters and OTT platforms to stop the illicit practice with immediate effect and get the Agreements / Contracts approved by either of the Associations before being signed by the parties.
We request immediate intervention with the producers' and broadcasters' associations and forming a committee with at least 50% representation from the creators' community to create and enforce REVISED STANDARD agreements.
The committee should also devise stricter punitive measures for the parties failing to comply with revised agreements/contracts.
The committee should also outline a set of guidelines for the use of Artificial Intelligence models in the entertainment and media industry.
We look forward to collaborating with all parties involved to make our industry the best in the world and contribute towards India becoming the Vishwa-guru in copyright protection.
