We all have noticed a recent trend in the film industry to
remake old or popular films. Typically, remaking a film requires a
license from the copyright holder of the original film. Sometimes,
remakes can also be made by taking 'inspiration' from or by
'adaptations' of the original film. Such remakes do not
require a license from the copyright holder. It is pertinent
to understand the difference between taking inspiration/ adaptation
from an original work and to make a blatant copy of the original
work.
It is significant to note that the term "copy" is used
as an alternative to "infringement" in some instances
where a film is discussed in the Copyrights Act, 1957
("Act"). From a bare reading of the Act, it becomes
evident that under the Act, the term 'infringement' of a
film means to make a carbon/ physical copy of such a film.
This can be gleaned from section 141 of the
Act. Moreover, only an original film can be
copyrighted.
