Behind-the-scenes (BTS) videos have a separate fanbase! Whether it be BTS of movies, music albums, or any content creation, it is fascinating to see how the final artwork came into shape with the hard work and creativity of all of the ones who work behind the screen. Though we all enjoy BTS videos as much as or more than the actual content, the creation and distribution of these videos involve several layers of copyright considerations. To be clearer, most of the BTS videos that we come across in social media platforms might be subjected to copyright violations.

Here’s a detailed look at the copyright scenario for BTS videos, specific to the film industry from the experts of India’s top anti-piracy company BLOCK X.

Copyright Ownership

What are the Producer’s Rights?

Generally, the producer or production company holds the copyright to the entire film, including any BTS footage. Every video shot by the hired cameraman or production crew during the shoot schedule will fall under the Producer’s copyrighted material. This is because the producer finances and oversees the production, making them the primary copyright holder unless otherwise specified in a contract. When it comes to the individuals who contribute to the creation of BTS videos, such as directors, cinematographers, and editors, may have moral rights over their creations. However, the economic rights usually belong to the producer or the production company, especially in cases where the BTS video involves commercials.

Copyright Law in India

The primary legislation governing copyright in India is the Copyright Act, 1957. This Act provides comprehensive guidelines on the ownership, protection, and enforcement of copyright in various forms of creative works, including films and related content.

The producer is the first copyright owner of a film. The producer has the right to use, sell, distribute, and exploit the movie. Based on Section 17(b) of the Copyright Act, 1957 , it’s clear that in the case of a film produced due to valuable consideration by someone, that individual is the primary copyright holder unless there’s a different agreement in place. This means the producer holds the copyright, not the original creators like scriptwriters or lyricists.

In a specific case, Ramesh Sippy v. Shaan Ranjeet Uttamsingh & Ors. [2013 (55) PTC 95 (Bom)], the Bombay High Court ruled that the movie’s producer is considered its author since they’re responsible for the financial arrangements and bear the main responsibility for the creation.

Legal Protections

The Copyright Act provides protection against unauthorized reproduction, distribution, and public display of copyrighted material. Hence, unauthorized recording and distribution of BTS footage can lead to substantial financial losses and legal battles. 

Fair Use Considerations

Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. For BTS videos, fair use might apply if the footage is used for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.

With many recent cases arising in the name of copyright of various content, our expert team has carefully analysed the situations to understand better on the various implications of copyright. The producer or production firm owns the majority of the copyright of behind-the-scenes recordings in the film business, but participants maintain their moral rights. Legal frameworks offer strong defence against piracy and unlawful usage. It is crucial to comprehend and manage these legal issues in order to protect artistic creations and guarantee the efficient operation of the entertainment industry.