Recognition of Screenwriters Rights Association of India (SRAI) as a Copyright Society

The Ministry of Commerce & Industry, Department for Promotion of Industry and Internal Trade (DPIIT), has issued a certificate under Section 33(3) of the Copyright Act, 1957, recognizing the Screenwriters Rights Association of India (SRAI) as a registered copyright society. The certificate empowers SRAI to manage and administer copyrights in Dramatic Works and Literary Works associated with Dramatic Works across India.

This recognition has significant legal and commercial implications for the Indian film industry, especially for producers and production houses. Below is an analysis of its impact:

Key Legal Implications for Producers and Production Houses

1. Mandatory Royalty Compliance: Producers are now obligated to channel all royalty payments for the use of screenwriters’ works through SRAI. Non-compliance with royalty obligations could result in legal penalties, including fines or revocation of licenses to use copyrighted works.

2. Strengthened Moral Rights: The recognition enhances enforcement of screenwriters’ moral rights under Section 57 of the Copyright Act, 1957. Producers must provide proper attribution in all forms of content, including films, trailers, and social media promotions. Unauthorized modifications to scripts may expose producers to lawsuits.

3. Enhanced Transparency in Copyright Transactions: SRAI’s role as a copyright society ensures greater oversight of copyright transfers and usage. All transactions involving dramatic and literary works must comply with SRAI’s regulations, reducing ambiguity in rights assignments.

4. Royalty Claims for Derivative Works: Producers will need to ensure that screenwriters are compensated for derivative works, such as sequels, adaptations, or spin-offs, including content shared on OTT platforms and social media.

5. Dispute Resolution: SRAI provides a structured mechanism for resolving disputes between screenwriters and producers. Grievances related to royalties, credit, or unauthorized usage can be mediated directly through the society, reducing prolonged litigation risks.

6. Impact on Digital and Social Media Promotions:

• Producers must ensure that screenwriters receive appropriate credit in social media promotions, trailers, and behind-the-scenes content.
• Unauthorized use of scripts or script-based content in viral campaigns can lead to copyright claims by SRAI on behalf of screenwriters.

Action Points for Producers

1. Review Existing Contracts: Producers should revisit agreements with screenwriters to ensure compliance with royalty and moral rights obligations.

2. Update Marketing Practices: Ensure all promotional materials, including digital and social media content, credit screenwriters appropriately to avoid disputes.

3. Implement Royalty Mechanisms: Establish transparent systems to calculate and transfer royalties to SRAI for the use of screenwriters’ works across all platforms.

4. Engage Legal Counsel: Consult legal experts to draft and review contracts in line with the new regulatory framework enforced by SRAI.

Conclusion

The recognition of SRAI as a copyright society is a significant milestone in strengthening screenwriters’ rights and fostering fair practices in the Indian film industry. Producers and production houses must proactively adapt to these changes by ensuring compliance with copyright laws and embracing transparent practices in royalty payments and rights management.

For any queries or legal assistance, please consult your legal counsel or reach out to SRAI for further guidance.

Contributed by – Prithiviraj Senthil Nathan

King Stubb & Kasiva,
Advocates & Attorneys

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