Madras HC Rules on Copyright Ownership in TCRC v. Ganga Rudraiah

Madras HC on Copyright Ownership and Acquiescence in Film BTS Photos

The Madras High Court in TCRC v. Ganga Rudraiah ruled on the ownership of behind-the-scenes (BTS) photographs taken during the production of the Tamil film 'Aval Appadithan'. The dispute centered on whether the photographer, Ganga Rudraiah, retained copyright or if it vested in the producer under Section 17(b) of the Copyright Act, 1957.

Section 17(b) provides that in the case of photographs taken for valuable consideration at the instance of another person, the employer or commissioning party is the first owner of copyright. The Court found that the defendant had been paid for the assignment and had acted under the direction of the producer, thereby transferring ownership. The absence of a written agreement did not negate this transfer given the conduct of the parties over time.

"Acquiescence in the use of photographs by the producer, coupled with repeated acceptance of payment, negates any claim of continued ownership,"

The Court also examined the doctrine of acquiescence, holding that prolonged inaction in asserting rights, especially when commercial benefits have been accepted, can lead to an estoppel-like bar. This decision underscores the risks of informal arrangements in commercial IP settings. For practitioners, it reinforces the need for clear contractual documentation in creative collaborations, particularly in film and media projects where multiple rights holders are involved. The ruling may influence how ancillary rights, such as still photography, are licensed in Indian cinema.