Indian screenwriters' body SRAI has registered to become a copyright society

By Emmanuel Legrand

The Copyright Office ​of India invited stakeholders for objections and comments​ in respect to the application filed by the Screenwriters Rights Association of India (SRAI) for registration as a copyright society under Section 33 of the Copyright Act of 1957.​ 

  SRAI was created by Bollywood screenwriters ​and applied ​on November 4 ​before the government​, ​through the Registrar of Copyrights, for registration as a ​copyright ​society​. ​SRAI will represent literary and dramatic works​ (story, script, screenplay, dialogues or any other literary works except lyrics​)​. 

  If approved, the SRAI would become the fifth copyright society registered under the Copyright Act, after the Indian Reprographic Rights Organisation​ ​(literary works), the Indian Singers Rights Association (performer’s rights), the Indian Performing Right Society (musical works) and the Phonographic Performance society (sound recordings). It would also change the balance of power in the Indian film industry by ensuring that works provided by screenwriters are not just limited to a work-for-hire fee but that writers would also receive compensation when the works are broadcast, streamed or used in public spaces.

Grant licenses and administer rights

  P​er its statutes, SRAI proposes to carry on the business of "issuing and granting licenses/assignments, and otherwise administering, on an exclusive basis, on behalf of authors and owners of copyright in literary and dramatic works, such as the story, script, screenplay, dialogues and other literary works (excluding lyrics)."

  The society would administer the following rights:

  > The mechanical reproduction right with respect to such story, script, screenplay, dialogues and other literary works (excluding lyrics) in which copyright subsists and is incorporated including by way of an adaptation in any audio, visual or audio-visual works. 

  > The right to communicate to the public, by way of public performance, radio and tele vision broadcast,  internet streaming, etc., of any story, script, screenplay, dialogues, or any other literary works (excluding lyrics) and dramatic works in which copyright subsists, and which is incorporated, including by way of an adaptation, in any audio, visual or audiovisual works;

  > T​he  right to make an adaptation or translation of the story, script, screenplay, dialogues and other literary works (excluding lyrics) and dramatic works in which copyright subsists;

  > T​he right to synchroni​se the dialogues, or any other literary works (excluding lyrics) and dramatic works in which copyright subsists, with any visuals. This includes the right to collect consideration/ royalties for the exploitation of the above rights and to pursue all remedies for the protection of such rights, including to institute  legal proceedings against third parties in the applicant’s own name, to enforce the above-mentioned rights in case of infringement.​

Change the dynamics of Bollywood

  "Through this new copyright society, writers will be entitled to get royalties for their story, screenplay and dialogues which they write for films," ​said trade analyst Komal Nahta in filminformation.com. ​

  Writers such as Javed Akhtar, Chair of music rights society IPRS, Anjum Rajabali, Saket Chaudhary, Juhi Chaturvedi, Vipul Shah and Kamlesh Pandey are ​among the founders of the SRAI.

  "While SRAI’s registration as a copyright society, if achieved, will definitely help in the writers collecting royalties, it would be an uphill task to see the implementation where all rights in the film are owned by producers. This registration is bound to change the dynamics of the way the audio visual industry currently works in India," wrote IPRmentlaw.