The Madras High Court in TCRC v. Ganga Rudraiah examined Section 17(b) of the Copyright Act, highlighting issues of consideration and acquiescence in determining ownership of photographs from the film 'Aval Appadithan'.
Ownership of Film Photographs Under Copyright Law: Madras HC in TCRC v. Ganga Rudraiah
The Madras High Court addressed complex questions of copyright ownership in TCRC v. Ganga Rudraiah, a dispute concerning BTS (behind-the-scenes) photographs taken during the production of the Tamil film 'Aval Appadithan'. At the heart of the case was Section 17(b) of the Copyright Act, 1957, which governs ownership when works are made in the course of employment or under a contract.
The Court scrutinized whether the photographer was an independent contractor and whether adequate consideration was provided for the assignment of copyright. It held that mere payment for services does not automatically transfer ownership unless there is an express agreement. The Court also examined the doctrine of acquiescence, noting that prolonged inaction by a rights claimant may imply consent, but cannot override statutory ownership principles absent estoppel.
Practitioners should note the emphasis on written agreements in copyright assignments, especially in collaborative creative environments. The judgment underscores that unwritten arrangements carry substantial legal risk, and rights should be clearly documented to avoid disputes over ownership. This decision reinforces the need for diligence in IP contracts within the film and media industries.
Citations
- TCRC v. Ganga Rudraiah, 2026 Mad HC
