In TCRC v. Ganga Rudraiah, the Madras High Court examined copyright ownership under Section 17(b) of the Copyright Act, 1957, highlighting the risks of unwritten arrangements. Acquiescence and absence of consideration undermined the defendant's claim to BTS photographs from the film 'Aval Appadithan'.
Madras HC Clarifies Copyright Ownership in Absence of Written Agreement
The Madras High Court in TCRC v. Ganga Rudraiah addressed the contentious issue of copyright ownership in behind-the-scenes (BTS) photographs taken during the filming of the classic Tamil movie 'Aval Appadithan'. The dispute centered on whether the photographer could claim ownership under Section 17(b) of the Copyright Act, 1957, which presumes works made during employment belong to the employer unless otherwise agreed.
The Court found that no enforceable agreement existed transferring rights to the defendant. Despite years of use, continued access, and tacit approval, the plaintiff (TCRC) had not waived its rights through acquiescence. The judgment underscores that mere inaction or permissive use does not amount to assignment or abandonment of copyright.
"Acquiescence, without more, cannot be elevated into a legal assignment of proprietary rights."
Practical Takeaway
The ruling reaffirms the necessity of clear contractual terms in creative collaborations. Parties involved in film production, photography, and media must document rights allocation upfront. Courts remain reluctant to imply transfers of ownership in absence of consideration or express agreement. This case serves as a cautionary tale for producers, archivists, and independent contractors alike.
Citations
- TCRC v. Ganga Rudraiah, 2026
