When a producer commissions a story, screenplay, or musical composition for a film, the question of who owns what often becomes a grey area, unless it’s clearly defined in the agreement.
Under the Copyright Act, 1957, the default rule [Section 17(b)] is that the producer becomes the first owner of the copyright in works created for valuable consideration under a contract of service or commission.
However, the author (whether a writer, lyricist, or composer) retains moral rights under Section 57. These are personal rights that authors retain over their work, irrespective of who owns the economic or commercial rights, and specifically include:
(i) The right to be credited as the author, and
(ii) The right to object if the work is distorted, mutilated, or used in a way that harms their reputation.
Post 2012, authors also retain the right to royalties for any commercial exploitation beyond the film itself.
This issue came to light years ago when lyricists and composers from the Hindi film industry fought for fair credit and royalties. The outcome of that debate led to the 2012 amendment to the Copyright Act, which reaffirmed that while producers own the film rights, authors retain moral rights and a share in royalties when the music is commercially exploited.
If I were representing the producer, the ownership clause would be one of the most critical sections of the agreement. It should clearly spell out:
- That all works (story, screenplay, music, lyrics, background score, etc.) are specially commissioned for the film;
- That all rights, title, and interest in such works are assigned exclusively and perpetually to the producer;
- That the producer has the sole right to use, adapt, reproduce, distribute, communicate, and exploit the works in all media, worldwide, for the entire term of copyright;
- That the author retains moral rights, as defined above; and
- That royalty entitlements (if applicable) are to be handled in accordance with Sections 18 and 19(9) & (10) of the Act.
Ultimately, a well-drafted ownership clause ensures that creative recognition and commercial control coexist, protecting both the producer’s investment and the creator’s integrity.
