Introduction
Films play a significant role in our daily lives, whether it’s quoting iconic dialogues or watching movies to unwind. While it’s well known that dialogues, scripts, music, and lyrics are protected by copyright, the legal framework for protecting film titles is less discussed. Given that a film’s title is often the first point of connection with audiences, understanding the legal protections available for film titles is crucial. In this article, we explore the scope of protection for film titles under Indian copyright and trademark laws.
Copyright Protection for Film Titles
Under the Copyright Act of 1957, literary works, artistic creations, musical compositions, sound recordings, and films are all eligible for copyright protection. However, when it comes to film titles, copyright law has consistently held that they do not qualify for protection.
In the case of Krishika Lulla & Ors v. Shyam Vithalrao Devkatta & Anr, the Supreme Court ruled that film titles are not considered literary works and therefore cannot be protected under copyright. The court explained that a title is not a standalone work but a reference to the film itself, making it ineligible for copyright protection.
Trademark Registration of Film Titles
Trademarks, governed by the Trade Marks Act, 1999, offer another avenue for protecting film titles. A trademark is any mark capable of distinguishing goods or services, which can include words, logos, and combinations of colors. Film titles, when registered as trademarks, can protect the branding associated with a film.
Entertainment services, including film production, fall under Class 41 of the Nice Classification, but film titles themselves are not specifically listed. Despite this, production houses frequently register film titles under Class 41 to safeguard their intellectual property. The distinctiveness of the title, its non-descriptive nature, and the potential for confusion with other titles are key factors considered during registration.
One notable case is Warner Bros. Entertainment Inc. v. Harinder Kohli, where the court held that there was no confusion between “Harri Puttar” and “Harry Potter,” dismissing the claim of trademark infringement due to the distinctiveness of the audience.
Single vs. Series Film Titles
Film titles can either refer to a single film or a series of films. The courts treat these two categories differently. Titles of film series, such as Dhoom or Golmaal, enjoy trademark protection because they signify continuity and are easily associated with a particular source or franchise.
However, single film titles typically do not qualify for trademark protection unless they have acquired secondary meaning, i.e., they are so closely associated with a specific film that the public immediately connects the title with the film and its producer. In Kanungo Media (P) Ltd. v. RGV Film Factory & Ors, the Delhi High Court established that while series titles can be registered as trademarks, single titles need to demonstrate secondary meaning before they can be protected.
Examples of registered trademarks for film titles include 3 Idiots and Padman for single films, and Dhoom and Harry Potter for series. Trademarks for such titles can also extend to merchandise, such as clothing, stationery, and home goods, further broadening their protection.
Registration with Film Associations
In addition to trademark registration, producers and production houses also register film titles with industry bodies like the Indian Motion Pictures Producers’ Association (IMPPA) and the Indian Film and Television Producers Council (IFTPC). This helps establish priority of the title but does not offer legal protection on its own.
For instance, in Anil Kapoor Film Co Pvt Ltd v. Make My Day Entertainment & Anr, the issue arose over the similarity between the titles “Veere Di Wedding” and “Veere Ki Wedding.” Despite registration with IFTPC, the court did not grant an injunction, noting that similarity in title alone is not sufficient grounds for stopping a film’s release. The matter was ultimately settled outside of court.
Conclusion
While film titles do not receive copyright protection, trademark laws offer some avenues for safeguarding them, especially in the case of film series or titles that have acquired secondary meaning. Registering film titles as trademarks is becoming a common practice among production houses, not just for the film itself, but for merchandising opportunities as well. Understanding these legal frameworks is essential for filmmakers and producers seeking to protect their intellectual property and the brand value of their films.