The relationship between Bollywood and Hollywood exemplifies the complexities of international copyright. India’s film industries have been making “cultural copies” of Hollywood scripts for decades, but with the emergence of the Internet and other technologies, has recently become more visible in America. The term cultural copy is defined as “a nearly direct copy of a movie or other work from one culture into another culture”. This practice can be observed in Banda Yeh Bindaas Hai or This Guy is Fearless (2010), the controversial Indianized remake of American comedy, My Cousin Vinny (1992). American film company 20th Century Fox brought a $1.9 million copyright lawsuit against India’s BR Films company because of its illegal reproduction of the Oscar-award winning film. According to the Press Trust of India, “BR Films had been given permission to make a film based on the idea of the movie, but that rights for a Hindi-language remake had not been approved. A study of the script found it to be a ‘substantial reproduction’ of the US film and the storyline was identical.” What differentiates between this film simply being inspired by or using the idea from the original work, and infringing upon it, is its explicit lifting of scenes, sequence, storyline, and script content. This case was settled outside of the Calcutta High Court where it was originally filed, after BR Films compensated Fox $200,000 for its replication of My Cousin Vinny. In my opinion, this blatant display of cultural copying is not necessarily an issue, but becomes problematic when it inhibits two of the US Fair Use and Indian Fair Dealing purposes by: delving into markets that Hollywood has begun profiting from, such as the UK and India, and hindering Bollwood’s incentives for creating innovative works by relying on American films to ensure box-office success. Take a look at these photos from scenes in each of the films, striking resemblance, no?
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In this course we will focus on a seemingly esoteric legal subject that is now located at the heart of many social, cultural, economic, and political conflicts: copyright law. While initially codified as a state granted monopoly designed to to encourage publishers and established authors to invest in culture, copyright law has now extended into every part of our day to day life and interaction with media. Moreover, the law is obviously and increasingly dangerously out of touch with digital culture. But what is really at stake in the copyright battles? Does our law reward profit, control, or culture? Should culture be owned? Does it even make sense to call it "intellectual property"?
In our efforts to better understand these issues, we will read both primary and secondary materials, covering subjects ranging from the birth of copyright to contemporary justifications for copyright reform, analyze relevant and interesting documentary films, and enjoy guest lectures from a range of established speakers.
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In this course we will focus on a seemingly esoteric legal subject that is now located at the heart of many social, cultural, economic, and political conflicts: copyright law. While initially codified as a state granted monopoly designed to to encourage publishers and established authors to invest in culture, copyright law has now extended into every part of our day to day life and interaction with media. Moreover, the law is obviously and increasingly dangerously out of touch with digital culture. But what is really at stake in the copyright battles? Does our law reward profit, control, or culture? Should culture be owned? Does it even make sense to call it "intellectual property"?
I loved your presentation! I had never put it together to look at Bollywood films in connection to Copyright law. I guess because I had just thought of these movies as “the norm” and since I had never known them to be taboo, I am really happy you brought this point up in class and opened my eyes.
This is an interesting example of what one of our readings covered where we trampled over english copyright when we were a young developing nation, and now that other countries are trying to develop as well we are strictly enforcing copyright law on them. Also, it might be considered transformative if they adapt the American versions to their culture?
Speaking about norms, I would like to add a thought of mine.
There are norms that are accepted by a certain society, but that does not make it a good thing. Although a little far fetched, one example would be drinking under the Influence (DUI), meaning to operate a vehicle while intoxicated. Although a misdemeanor that will cost an individual up to $10.000, I have seen people of all age driving drunk. Being from Europe, I am used to liberal alcohol consumption, however, I am also used to acting responsible enough to not drive after a night out drinking.
How does this example relate to Bollywood copying Hollywood?
Just because no major studio, other than Fox, has intervened against infringement does not make it any better. There is no question if the movies in question would be excused under fair use. They are almost identical and made for the sole purpose of earning money. And from a legal point of view, they constitute a violation of international copyright.
On the other hand, I do not understand why one of the largest countries in the world has to blatantly copy mediocre Hollywood films. Granted, constantly dancing Indians that use every chance to burst into a song, are probably not everybody’s cup of tea, but I am sure that the country has enough creativity at hand to develop their own productions.
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