In TCRC v Ganga Rudraiah, the Madras High Court examined ownership of copyright in behind-the-scenes (BTS) photographs from the film 'Aval Appadithan', focusing on Section 17(b) of the Copyright Act, 1957. The Court highlighted the importance of written agreements and found that mere acquiescence does not transfer rights.
Madras HC Clarifies Copyright Ownership in Unwritten Collaborations
The Madras High Court in TCRC v. Ganga Rudraiah addressed the ownership of copyright in behind-the-scenes (BTS) photographs taken during the production of the Tamil film 'Aval Appadithan'. The dispute centred on whether the photographer retained rights under Section 17(b) of the Copyright Act, 1957, despite long-standing use by the producer and lack of a formal agreement.
The Court reaffirmed that Section 17(b) vests copyright in the author unless there is an express or implied agreement to the contrary. However, it found that the prolonged use of the photographs by the producer without objection did not constitute acquiescence amounting to a waiver. The absence of a written arrangement was crucial; the Court stressed that informal collaborations cannot override the statutory presumption of authorship.
"Acquiescence, without more, cannot be construed as a transfer of ownership or an implied licence,"
The judgment underscores the risks of unwritten agreements in creative industries. Practitioners are advised to ensure that collaboration frameworks are documented, especially in media and entertainment projects. The ruling also provides guidance on interpreting Section 17(b) where work is commissioned but not created by an employee under contract of service.
Citations
- TCRC v. Ganga Rudraiah, Madras High Court, 2026
