Copyright in the Film Industry
By Sudi Wandabusi
Copyright is defined as the exclusive rights granted to creators of original literary and artistic works. The creators enjoy the right to exclusively copy, adapt, distribute and publicly perform their works. Copyright is one of the most important forms of Intellectual Property in the film and cinema industry and is a key driver of the creative economy. It provides exclusive rights to the creators of original works, such as scripts, screenplays, music, and films themselves. Copyright protects the expression of ideas, but not the ideas themselves. For instance, a script for a film is copyrighted, but the general, abstract concept or story idea is not protected.
In the film industry, several different aspects of a film can be copyrighted:
- Screenplay: The written script, including dialogue and directions.
- Film Footage: The actual visual and auditory content captured during filming.
- Music and Soundtracks: Original compositions and music created for the film.
- Post-Production Work: The edited version of the film, including visual effects, sound design, and special effects.
- Title: The title of the film can sometimes be copyrighted if it is sufficiently distinctive.
Copyright protection allows creators to control who can reproduce, distribute, and display their work. This ensures that no one can legally copy or use the work without permission, allowing filmmakers and production companies to profit from their creations.
In many countries, copyright automatically exists upon the creation of the work and fixation in a tangible medium, for example on canvas, paper or in digital format. However, registration of copyright into a government administered database has gained currency. Registration grants additional legal benefit to the owner, including enabling right owners to take legal action in case of infringement and for ease of proof of ownership in case of infringement.
In Kenya, Copyright is governed by the Copyright Act and administered by Kenya Copyright Board (KECOBO). A copyright is registrable in Kenya by filing it at KECOBO, even though Kenya also takes the automatic subsistence of a copyright upon creation of the work. For one to register their works at the National Rights Registry, the work must be of original authorship and must be in tangible format, including tangible format.
KECOBO digitalized its registry in 2020 when it established the National Right Registry (NRR) module as part of the KECOBO-CMO ICT system. The system has enabled copyright owners to undertake online copyright registration by uploading the works virtually, make payment, receive and print their copyright registration certificates from the system, saving them the inconvenience of personally visiting KECOBO offices. The system also allows owners to view and manage all their registered copyright works. Since digitization of the system to date, over 700 film and cinema related works have been registered in the database.
Copyright is vital in film and cinema as it safeguards the creative investments of filmmakers while also fostering a fair and functional entertainment industry. For creators and all players in the film industry, it is essential to understand the basics of copyright law. This not only enables them protect their own work but also to be able to respect the rights of others. As cinema continues to evolve with new technologies, players have to keep up with the changing times and attendant challenges. With Artificial Intelligence, digital platforms and global distribution opportunities, copyright will remain at the heart of both artistic freedom and legal responsibility.
OGSLaw Advocates LLP is well equipped with skilled professionals to handle all your inquiries and legal interventions in the area of Copyright registration, portfolio management and litigation of copyright infringements.