A film is made by writers, composers, singers, a director and a producer — so who owns its copyright? In India, once the underlying works are woven into the film, the producer is the first owner — unless a contract says otherwise.
The question
A movie is a collaboration. Is it protected as a whole, are its parts separately protected, and who owns the copyright? The Bombay High Court answered in the Zanjeer dispute (2 September 2013).
The Zanjeer facts
The original Zanjeer involved Prakash Mehra (producer), and Salim–Javed (screenwriters). When Mehra’s sons sought to remake the film, Salim–Javed claimed ownership of the underlying work.
- Writers (plaintiffs): it was a “contract for service,” so they retained ownership.
- Producer’s side (defendants): Mehra commissioned the work; evidence (an accountant’s testimony) showed payments booked to the “Story and Screenplay” ledger — including ₹4,000 for a script bought from Dharmendra, and ₹55,000 per author commissioned by Mehra.
The ruling
The court held that once literary and musical works are incorporated into a cinematograph film, the producer becomes the first owner of the copyright under Section 17 of the Copyright Act — unless a contract specifies otherwise. Mehra had commissioned the underlying works, making him the first owner, including of the literary content. The writers got no relief.
Why contracts are everything
- Section 17 default favours the producer for the film and (where commissioned) the underlying works — but it is a default that a contract can change.
- Specify ownership of each element — script, songs, lyrics — to prevent later disputes among contributors. (Note the interaction with authors’ non-waivable royalty rights for uses outside the cinema hall post-2012.)
- Evidence of commissioning matters — here, accounting entries decided ownership.
The takeaways
- The producer is the first owner of a film’s copyright by default (Section 17).
- Remake and exploitation rights follow ownership — so who can remake a film turns on the original contracts.
- Draft clear contracts allocating rights in the script, music and each contribution — and keep the paper trail.
Frequently asked questions
Who is the first owner of copyright in a movie in India? The producer, once the underlying literary and musical works are incorporated into the film, under Section 17 — unless a contract provides otherwise.
Can a screenwriter retain rights in the script? Only if the contract says so. By default, a commissioned script incorporated into the film vests in the producer.
What did the Zanjeer case decide? That Prakash Mehra, having commissioned the work, was the first owner of the copyright, so the writers’ ownership claim failed.
How do contributors protect their rights? By contracts that expressly allocate ownership of the script, songs and other elements — and, for authors, by the non-waivable royalty rights added in 2012.
Legislation referred to
- The Copyright Act, 1957