A film, music release, advertising campaign or digital collaboration can involve several owners, contributors and commercial partners. Problems often arise when the intended use of content is wider than the permission actually obtained. Kothari & Jain advises on the Indian legal aspects of media projects, creative contracts, rights clearance and related disputes.
Where legal review can help
- Production, artist, writer, composer, influencer and brand collaboration agreements.
- Distribution, licensing, publishing, adaptation and content acquisition arrangements.
- Ownership, credits, royalties, payment milestones and termination disputes.
- Unauthorised copying, use of images or music, and responses to infringement allegations.
- Pre-publication review of disputed statements, permissions and contractual restrictions.
Rights should match the planned release
A project review starts with the content, its contributors and the proposed audience. Territory, duration, language, platform, exclusivity, editing rights and promotional uses should be addressed expressly. A permission covering a social-media post may not answer whether the material can also be used in paid advertisements or a longer film.
The Copyright Act recognises separate rights in underlying works used in a film or sound recording. As explained in Chapter III of the Act, ownership of the finished recording does not erase those separate rights. This makes the chain of permissions a practical part of production planning.
What to bring to the first discussion
Provide the draft or released content, signed agreements, quotations, invoices, contributor details and relevant correspondence. For an online dispute, retain the original URL, dated screenshots and the notice received. Identify the intended release date, platforms and territories, and explain which parts of the project are already committed.
We can then distinguish a contract negotiation from a rights dispute, identify missing permissions and prioritise any notice or release deadline. The appropriate response may involve clarification, a revised licence, a negotiated resolution or proceedings. Film certification and other regulatory requirements need separate consideration according to the medium and proposed use.
Common questions
Does paying a creator automatically give us every right?
Do not assume that it does. The nature of the work, the working relationship and the agreement need review. An express agreement should identify what is transferred or licensed and what the creator retains.
Can a short clip or music excerpt be used without permission?
There is no universal safe number of seconds. The particular use, applicable rights and any statutory exception must be assessed before relying on an exemption.
Should I immediately delete disputed content?
Preserve a record of what was published and the complaint first. Whether to restrict access, remove material or respond depends on the allegation, platform terms and any urgent court order.
Discuss the next step
To discuss the scope of assistance and arrange a consultation, contact the firm or call +91 87936 60616 or +91 78877 18191.