Biswajit Sarkar, Advocates - IP Attorneys
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Practice

Media and Entertainment Law

Protecting creative work from the first draft of a script to its release, distribution and enforcement.

Overview

Films, music, series, broadcasts and books are bundles of rights: in the story, the script, the music, the performances and the brand. The firm helps producers, studios, labels, publishers, creators and platforms acquire those rights cleanly, document them and exploit them with confidence.

Work in this practice draws on the firm's copyright and trade mark experience. It covers clearances before production, the agreements that govern production and distribution, compliance before release, and swift action against piracy and misuse of a person's name or likeness.

What we do

Services

  • Chain of Title and Clearances

    Distributors and platforms ask the same question about every project: who owns what? We trace each right in the script, story, music, footage and title back to its source. Where a link is missing, we obtain a written assignment or licence before production starts, so that no later claim can hold up the release.

  • Production and Distribution Agreements

    We draft and negotiate production, co-production, distribution and platform licensing agreements that set out who pays for what, who owns the finished work, how revenue is shared and where and for how long the work may be exploited.

  • Music Licensing

    A single song can involve a composer, a lyricist, a publisher, a record label and a performer, each holding a separate right. We advise on synchronisation, publishing, recording and performance licences, so that clients can use music without risk and the right people are paid.

  • Talent and Creator Agreements

    Disputes over credit, payment and ownership are far easier to prevent than to settle. We draft agreements with writers, directors, artists and influencers that fix these points at the start and state how their work may be used.

  • OTT and Broadcasting Compliance

    Content on streaming and broadcast platforms must comply with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, covering classification, codes of ethics and grievance redressal. We guide producers and platforms through these rules and advise on certification for theatrical release.

  • Anti-Piracy

    Most of the damage from a leak is done in the first days of a release. We apply for pre-release injunctions and website-blocking orders and send takedown requests to platforms, to stop unauthorised copies of films, music and other content from spreading.

  • Personality Rights

    Advertisers pay for a recognisable face or voice, and unauthorised use gives the person a claim. We act for public figures, performers and brands against unauthorised commercial use of name, image, voice and likeness, including copies made with digital and AI tools.

  • Titles and Brands

    Audiences recognise a franchise by its name long before they see the work. We register titles, protect them as trade marks and set up merchandising arrangements, so that the names attached to creative works stay with their owners.

Our approach

How a matter progresses

The usual course of a media and entertainment law matter in India, from first instructions to a final outcome.

  1. Rights mapping

    We identify every right in the project, from the underlying story and script to music, performances, footage and the title.

  2. Clearance and chain of title

    We secure written assignments and licences and check that no third-party rights stand in the way of production or release.

  3. Agreements

    We draft and negotiate production, financing, distribution, music and talent agreements that match how the work will be exploited.

  4. Release compliance

    We guide certification by the CBFC for theatrical release, or the content classification and code of ethics for OTT platforms.

  5. Protection and enforcement

    We seek pre-release injunctions, website blocking orders and platform takedowns to stop piracy and misuse.

Questions

FAQs

General information only. For advice on your circumstances, please speak to an attorney.

Who owns the copyright in a film?
The producer is treated as the author of a cinematograph film under the Copyright Act, 1957 and is ordinarily its first owner. Rights in the underlying works, such as the script and music, must be acquired from their owners by written assignment or licence.
Do lyricists and composers keep any rights after licensing to a film?
Yes. Since the 2012 amendments, authors of literary and musical works included in a film or sound recording retain a right to share royalties when the work is exploited other than as part of the film, for example by public performance.
Can piracy be stopped before a film is released?
Indian courts regularly grant pre-release injunctions against unidentified infringers and order internet service providers to block piracy websites, including dynamic injunctions that extend to mirror sites.
Are personality rights recognised in India?
Yes. The Delhi and Bombay High Courts have protected the names, images, voices and likenesses of well-known persons against unauthorised commercial use, including use through artificial intelligence.

Further reading

From our blog

Articles by the firm's attorneys on media and entertainment law.

All articles

Official sources

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