Whats in a name - Film movie title protection

1. Introduction

Films are an integral part of our daily lives whether it be belting out filmy dialogues or watching films to de-stress and relax. While it is commonly understood that the dialogues, script, music and lyrics forming part of the film are subject matter of copyright protection, the nitty-gritty in relation to intellectual property rights protection of film titles is less discussed. Considering that fact that it is the title of the film that at the first instance catches the attention of the general public, the law governing the protection and enforcement of film titles becomes relevant. In this blog, we have analysed the protection available to film titles under the Indian copyright and trademark regime. 
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COGNIZABILITY OF COPYRIGHT INFRINGEMENT DEBATE IS BACK

The question of whether the offence of copyright infringement under the Copyright Act, 1957 (the “Copyright Act”) is a cognizable offence or a non-cognizable offence, has long been debated and addressed varyingly by different High Courts over the years. Recently, the Hon’ble Rajasthan High Court (“Rajasthan HC”) in the case of Nathu Ram & Ors. v State of Rajasthan[1] had the occasion to consider this question once again, and in doing so, opted to refer the same to a larger bench for settling the issue, thereby bringing this debate to the fore once again. This article shall analyse relevant statutory provisions and jurisprudential developments in order to understand how courts have dealt with the issue.
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