The Madras High Court in TCRC v. Ganga Rudraiah ruled on ownership of BTS photos from 'Aval Appadithan', examining Section 17(b) and finding that prolonged acquiescence may imply consent, affecting copyright claims despite absence of written agreement.
Implied Consent Through Acquiescence in Copyright
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 turned on whether the absence of a written assignment, coupled with the photographer’s conduct over decades, could negate copyright claims under Section 17(b) of the Copyright Act, 1957.
The Court held that prolonged inaction and implied consent through conduct amounted to acquiescence, thereby validating TCRC’s long-standing use and exploitation of the images. While Section 17(b) vests initial ownership in the person commissioning the work when created for valuable consideration, the ruling underscores that unwritten understandings, if consistently acted upon, may override formal requirements.
This decision highlights risks in informal creative collaborations. Practitioners should advise clients to document agreements, even where industry practice tolerates verbal understandings. The judgment may influence similar disputes involving archival materials in film and media.
Citations
- Copyright Act, 1957, Section 17(b)
