The term Cinematograph films and Sound Recording Video and Right of its Author


The term Cinematograph films and Sound Recording Video and Right of its Author

Cinematograph film: Cinematograph film means any act of visual, sound recording or recording on any medium that originates from moving images through such a process and includes sound recording as well as video films. The producer is considering the cinematograph as the author of the films. The cast acted in the cinematograph film and are not entitled to copyright for that film
Cinematograph films and Sound Recording
Cinematograph films and Sound Recording

Meaning of cinematograph film: Section 13 (1) (b) includes cinematograph film for copyright protection. A cinematograph is a film that speculates through a technical device called a projector, which creates the illusion of motion on the screen of many photographs, taken successfully during long film times. The sound track that is associated to make the audio and video good in the film is also a part of the cinematograph film. In Tulsidas v. Vasantha Kumar, video film and television are also treated as cinematograph films under Section 13 (1) (b). Such as film and television are also eligible for copyright protection.
U.K. Definition of cinematograph films under section 13 (10) of the Copyright Act 1956: -
Section 13 (10) of U.K Copyright Act 1956 defines the term cinematograph films which means any visual work, sound recording or moving images and also video films.
U.K. Definition of films under section 5B of the Act 1988: - Section 5B of the American Act 1988 defines that film means recording of sound, enlargement of images, visual work on any medium. The sound track is also considered a part of the films.

Author of the cinematograph film

1. The author's right is to copy the film;
2. The author may sell or give any copy of the film;
3. The writer can communicate with the public for his film;



In Balvinder Singh v. Delhi Administration
[AIR 1984 Delhi 379]

In this case it was held that both video and television are cinematograph films. Artists' Rights: Copyright does not protect the right of artistic, actors who have been working in a cinematograph for a long time. Artistically, the actor's performance depends on his personal contract. The Copyright (Amendment) Act, 1994 has given certain special rights to those formers, known as 'artist rights'. Section 2 (qq) of the Copyright Act states that 'artist' includes a singer, an actor, musician, acrobat, dancer, juggler, hostess, lecturer, also called an artist; Some amendments have been made in 2012, according to the definition of an 'artist' under section 2 (qq), filming of cinema artists is also done in cinematographs also known as artist rights. A person in a cinematograph film who performs during the practice of the industry whether excluding clause (b) of section 38B shall not engage in casual or casual performance. It is clearly stated that the artist's authority shall not exceed twenty-five years from the calendar of his performance. It is said that a person who continues the right to perform cannot perform the following work without the consent of the performers in relation to the performance.

Section 38a

1. Section 38A was newly inserted, according to this section, the artist may or may be authorized to perform any of the following works in relation to the performance, they are as follows: -
a. The artist is authorized to make a sound recording or in a visual recording of the performance they include- For reproduction in any physical form including its storage by electronic means; 
ii. To issue copies to the public, which should not be already in circulation;
iii. To tell the public about it.

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