Madras HC on Copyright Ownership in BTS Photos

Madras HC on Copyright and Acquiescence in TCRC v. Ganga Rudraiah

The Madras High Court, in TCRC v. Ganga Rudraiah, addressed the ownership of behind-the-scenes (BTS) photographs from the Tamil film Aval Appadithan. The dispute centered on whether the photographer, despite capturing the images during filming, could claim copyright under Section 17(b) of the Copyright Act, 1957, given the absence of a written agreement.

Section 17(b) states that copyright in photographs taken under the course of employment or commission belongs to the person who commissioned them unless otherwise agreed. The Court held that mere acquiescence or tacit cooperation does not constitute an agreement transferring rights. Absent a written or express understanding, the default presumption favours the commissioning party—here, the production house.

"Silence or conduct falling short of consent cannot be construed as an assignment of proprietary rights in intellectual property."

The Court scrutinized the nature of consideration and found that informal arrangements, even if long-standing, do not override statutory ownership principles. This reinforces the importance of formalizing IP rights at the outset of creative collaborations, especially in film and media where multiple stakeholders contribute.

The ruling serves as a cautionary note to creators and producers alike. Photographers, cinematographers, and freelancers must secure written agreements to retain or assign rights clearly. For production houses, it affirms that statutory default protections apply in the absence of contrary agreements. As digital content multiplies, clarity in IP ownership becomes essential to avoid protracted disputes over ancillary rights.