Intellectual Property References and Research

This assignment is a compilation of various references and research papers on intellectual property, covering topics such as the value of ideas, intellectual property rights, and the importance of protecting IP. The document includes a list of sources from 2013 to 2017, including articles, journals, and online resources. It also features a selection of books and websites related to intellectual property. This assignment is likely used for students in business or law programs who need to research and understand the concepts of intellectual property.

To analyse the factors that affect
copyright and intellectual property
right during movie composition.

ACKNOWLEDGEMENT
For the accomplishment of the present dissertation I would like to sincerely express by
sincere gratitude to my mentor who has provided me sufficient knowledge and greater support.
Further I would like to thank my friends, colleagues and family members who have guided me at
ever stage while conducting dissertation. Through their support I was able to complete my thesis
with effectiveness and in an accurate manner. Lastly in the series I would also like to state
special thanks to my team members who have provided me with assistance in collecting data and
in analysing it further.

Abstract
Aim: To analyses the factors that affect copyright and intellectual property right during movie
composition.
Background: Intellectual property right means the right given to the people who are creating
something which is different and is not done by anybody in the field so its their first idea to be
kept secured from copying. Under the intellectual copy right many more section comes such as
copyright, patent, trademark, etc. which are followed differently in different works of the people
or in the different services followed. On the other hand, copyright means the legal rights under
which all the work is being set
Research methodology: In the present research explanatory research design is used so that it
become easy to gather information which is meaningful and important for reaching the aim of
study. Secondary method is used for collecting the information.
Findings: There are many aspects related to the intellectual property which develop positive and
negative impact on industry. Copyright plays significant role as it help in protecting the work of
author. Cost is one of the factor which impact the copyright at the time of making movie. At the
time of producing movies there are then it takes copyright which charge high cost this lead to
increase the overall expenditure amount of the firm.

Table of Contents
CHAPTER 1: INTRODUCTION....................................................................................................1
Overview.....................................................................................................................................1
Research problem........................................................................................................................2
Chapter structure.........................................................................................................................2
Research question........................................................................................................................5
Framework and analysis..............................................................................................................5
Potential Significance..................................................................................................................7
CHAPTER 2: LITERATURE REVIEW.........................................................................................8
Theme 1: The concept of copyright and intellectual property right while the composition of
movies..............................................................................................................................................8
Theme 2: The Importance of copyright and intellectual property right at the time of movie
composition...............................................................................................................................12
Theme 3: The factors that affect copyright and intellectual property right during movie
composition...............................................................................................................................17
CHAPTER 3: RESEARCH METHODOLOGY...........................................................................23
3.1 Introduction.........................................................................................................................23
3.2 Type of investigation...........................................................................................................23
3.3 Research approach..............................................................................................................23
3.4 Research design..................................................................................................................24
3.5 Research philosophy: .........................................................................................................25
3.6 Data collection: ..................................................................................................................25
3.7 Data analysis:......................................................................................................................26
3.8 Ethical consideration:..........................................................................................................27
3.9 Reliability and validity........................................................................................................27
3.10 Research limitation...........................................................................................................28
CHAPTER 4: DATA ANALYSIS................................................................................................29
Chapter 5: Recommendation and conclusion ...............................................................................36
Conclusion.................................................................................................................................36
Recommendation ......................................................................................................................39

Personal development ..................................................................................................................41
REFERENCES..............................................................................................................................43

CHAPTER 1: INTRODUCTION
Overview
Intellectual property right means the right given to the people who are creating something
which is different and is not done by anybody in the field so its their first idea to be kept secured
from copying. Under the intellectual copy right many more section comes such as copyright,
patent, trademark, etc. which are followed differently in different works of the people or in the
different services followed. On the other hand, copyright means the legal rights under which all
the work is being set. Total work and system is secured in the copyright section in that nobody
has the right to copy the same thing or neither anything from it. If anybody suppose to do that its
illegal work and filed under the legal act (Arewa, 2017). The present study is conducted to
analyse the factors that affect copyright and intellectual property right during movie
composition. Copyright laws assist in protecting the rights of the artist and other originator of a
creative work for controlling the way work can be copied and disseminated. Further it is ability
to take profit from someone creativity, even if protection is not absolute.
Under the copyright section the material is save and everything is under the law. If in
that particular work something is against the law than the permission is not granted to take it
further into action. So before to compose the movie the director has to register it under the
copyright act and complete its legal formalities so that everything goes in the fluent manner
(Ponce, Polasko and Mora, 2016). After submitting the movie script under the copyright act the
movie is saved, nobody can copy it music, scenes, script and actions conducted in that movie for
the span of some years till the life of copyright file. Nobody can copy without the permission of
the owner to copy any scene, story, music, song, etc.
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Research problem
The present study is conducted for analysing the different factors which are impacting the
copyright and intellectual property right during movie composition in the U.S., which is the most
important film production Country. Further copyright is a primary legal doctrine which traces its
roots to Elizabethan England. It is very important to protect the files or own creation under the
rights because without the copyright the movie is open and anybody can steal the idea, music and
story (Halilem, Olmos-Peñuela and Mohiuddin, 2017). It is necessary to protect it because it will
protect it from the market or the other competitors. One should get benefit of creating thing of its
own and using his/her ideas. Everybody has the right to protect the asset they have created by his
own with using the talented mind. If it is not being registered under the copyright, then the story
of the movie will be open and can be stolen and used, then its value and creditability will be
gone, and the fruit will be eaten by some other, and its value will be lost.
Chapter structure
To accomplish the aim of the present study the researcher need to follow a systematic
pattern. There are some series of chapter which need to undertake for completing the present
research in systematic pattern. Chapter which will be consider in this report are as follows: Chapter 1: Introduction: The first chapter is an introduction chapter which provide the
clear information related to the present topic. Further this will consist of background of
study under which detail information will be provided related to topic. Along with this,
there are following points which will be covered in this chapter that are aims and
objectives, research question, purpose of research and rationale of study. At last different
tools and techniques which are used in this dissertation will be discussed.
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 Chapter 2: Literature Review: This chapter cover all the objectives which are related to
present topic. It outlines the concept of copyright and intellectual property right while the
composition of movies. Further, the importance of copyright and intellectual property
right at the time of movie composition is also determined. Different factors that affects
copyright and intellectual property right during movie composition is analysed. This
chapter will cover the aim and objective of the present study. Further, in this chapter all
the information which are published by different authors in books and articles is
presented. Chapter 3: Research Methodology: This chapter will present different methods which
will be used by investigator to carry out research in one direction. Further validation of
the selected techniques is provided and ethical consideration is undertaken in this chapter.
It also consists of limitation and reliability of research. Chapter 4: Data Analysis and Findings: All the gathered data is presented in this chapter
and analysed on the basis of result.
 Chapter 5: Conclusion and Recommendations: In last chapter that is conclusion and
recommendation finding is presented of the collected data. Then recommendation will be
given on the basis of result for improvement.
Focus and Purpose
The present study is conducted with the main purpose: to analyse the factors that affect
copyright and intellectual property right during movie composition. The purpose is to analyse the
gap which is left by the previous researcher on the topic. There are many researches, which are
conducted on intellectual property and copyright (Voss, Paranjpe, and Garrison, 2017). The
direct relationship is revealed by most of the works. It is important to understand the law
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regarding intellectual property and copyright so that work and creativity can be protected.
Developing something different and innovative from other in the movie industry it only makes it
count. Protecting the act will encourage the one to be recognised in the world to create and to
show something new and different on the screen to the people which will entertain them and will
ultimately create the higher growth and profit. People like new and different things every time to
see, so for that the author has to come with different stories and screenplays to get registered.
Rationale of study
The present study is based on To analyse the factors that affect copyright and intellectual
property right during movie composition. Research is conducted on the given topic so that deep
understanding can be created related to the study copyright and intellectual property and its
importance. IP is the section of law which refer to protect creation of mind and it deals with
intellectual creations. There are many artist who do not have idea related to the copyright law
and all documentation (Fast, Olson and Mandel, 2016). Therefore, this study will benefit in
creating a good understanding related to intellectual property and copyright law. Along with this
through the copyright law an individual can easily protect its work and can legally sue in court in
any person use its creativity without taking permission.
Aims and objectives
Aim: To analyse the factors that affect copyright and intellectual property right during movie
composition.
Objectives
 To understand the concept of copyright and intellectual property right while the
composition of movies.
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 To determine the importance of copyright and intellectual property right at the time of
movie composition.
 To analyse the factors that affect copyright and intellectual property right during movie
composition.
 To recommend ways in which both of these rights namely protect copyright and
intellectual property can be protected during movie composition.
Research question
 What is the concept of copyright and intellectual property right while the composition of
movies?
 What are the importance aspects of copyright and intellectual property right at the time
of movie composition?
 What are the main factors that affect copyright and intellectual property right during
movie composition?
 Which are the ways in which both of these rights namely protect copyright and
intellectual property can be protected during movie composition?
Framework and analysis
This is essential chapter at the time of gathering information from reliable source in order
to make correct decision so that right conclusion can be arrived and proper recommendation can
be provided. There are some steps in these regards, which are as follows:
Design of research: In present research explanatory research design will be used so that it
become easy to gather information which is meaningful and important for reaching the aim
of study.
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Research approach: further in present report inductive approach will be used so that focus is
kept on moving from specific to general. The current study is based on analysing the factors
that affect copyright and intellectual property right during movie composition. Therefore,
this study will lead the identification of those factors which are helpful in completing the
research.
Research philosophy: interpretive research philosophy will be used.
Techniques of research: qualitative techniques are used for carrying out the present research.
Method for data collection: the current research is based on analysing the factors that affect
copyright and intellectual property right during movie composition. Therefore, in present
research. secondary method will be used for collecting the information. Further, for
collecting the secondary information books and articles will be used.
Analysis of data: to analyse the collected data qualitative technique will be used. Further
thematic approach will be used to analyse the factors that affect copyright and intellectual
property right during movie composition.
Factors considered for protecting copyrights
Copyright is fair use of the material and to consider the use it is required to get it resolved
in a federal court. To know whether the material is used fairly the registering office consider
these factors as discussed below :
 What is the use of the material and the purpose behind the copyright function.
The court emphasises on this factor as the most important to make sure the fair use of the
work (Delre, Broekhuizen and Bijmolt, 2016). It focus on the issue whether the work is being
recreated or merely copied. When taking the portion of the work from the original work court
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wants the producer to make sure that the material taken from original work should be
transformed by adding new meaning and recreating it.
 The nature of the work to be copyrighted and further use of the work.
The transformation of work or information benefits the audience, the producer has the flexibility
to reprint the work from biographies rather than fictional work like novels and plays. It is better
to use the work from unpublished work so that it makes a positive impact on the audience.
 The potion to be used from the work and amount of work to be modified.
The more you copy the more it gets you in trouble even if you take a small portion or content, it
will not be consider as a fair use of the work (Bharadwaj, Noble Smith, and Dong, 2017). If you
copy a small portion also and the comment is the main part or can say heart of the original work,
it is considered to be unethical and create problems for the producer.
 The effect it is going to have in the entertainment market.
Another factor where the copyright owner is subjected to be in trouble is when the
audience embraces the work and the outcomes is seen by the income of the producer (Kumb,
Kunz and Siegert, 2017). It is noticed whether the audience liked the work or not and their
interest in the work gives a clear scenario about the work.
Potential Significance
The current investigation is important in term of developing an understanding related to
the copyright and intellectual property right during movie composition. Further this study help in
identifying different factors that impact which it has on during movie composition.
The present research will provide following significance:
 Movie compositor will be provided assistance from the research. Then will be able to use
law and protect their information from getting stolen.
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 Further this investigation will be helpful for the academicians and producers for
developing deep understanding related to the importance of intellectual property and
copyright.
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CHAPTER 2: LITERATURE REVIEW
Introduction
Literature review is one of the important chapter which provide various information
related to the present topic. It helps scholar regarding the collecting of large amount of
information and applied the same for getting valid outcome. The present study is based on to
analyse the factors that affect copyright and intellectual property right during movie
composition. Therefore, it is essential to collect large amount of information on the same in order
to get effective result. This chapter is prepared on the basis of aims and objectives so that it
become easy to gather deep information related to the topic. Further different themes are
prepared on the basis of objectives under which all the information is presented into a systematic
manner. The first and second objective cover the concept of copyright and intellectual property
right while the composition of movies. Further, in third objective different factor which are
affecting copyright and intellectual property right while the composition of movies will be
analysed.
Theme 1: The concept of copyright and intellectual property right while the composition of
movies.
According to the view of Baratè, Haus and Perlasca, (2016) the copyright is the
protection provided to any published work to assist in preventing that work. This is done so that
not other can use that work without prior authorisation. To indicate the work copyright symbol is
used that is (©). This is followed by data and when the work was published and at last author of
the work. The copyright can be affect as soon when work is put in film or other media likewise
DVD, internet etc. However no protection can be given to ideas because they are in a person’s
mind. Copyright law assist in protecting the form of idea which is presented not the idea itself.
Joyce, Ochoa and Jaszi, (2016) state that copyright is the form of intellectual property which
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provide protection as per the law. In the present era songs in film as become an integral element
which is the process of telling story. There are various kinds of songs which are played in movie
and it reflects different legal relationship with the film maker. Therefore, all the music which are
presented in the movie are labelled in the foreground music. There are some film-maker who
have interest in the copyright which is used in film and all of them can be represented in the
permit process. There are two kind of different copyright holders and recording of a popular song
which is protected by a copyright held by the composers. Further it can be stated that each film
need to show each firm theatrically on Television, non-network broadcast television DVD etc.
Along with this internet is quickly referred into another film distribution media for the download
and for streaming purposes.
According to Carroll, (2016) The copyright can be upto last fifty years. Further it can
stated that copyright can be passes to a family member which in bend lead to leaves bequest to
pass down to contrary period of time as valuable.
According to the view of Cowell and Reed, (2017) The concept of IP is very broadly it
means the legal property which results from intellectual activity in the artistic, scientific and
other field. There are 2 main reason due to which countries made law regarding protection of
intellectual property. First reason is to give legal aspect to the economic and moral right to the
creators and second is to promote the deliberate act of government policy in order to encourage
fair trading. This lead to the contribution of social and economic development. Basically, it can
be stated that intellectual property law aims to protect creators and other producers of intellectual
service by permitting them a certain limited creators and other producers to make use of those
productions. This all rights are not applied on the physical object. It includes right related
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industrial designs, artistic and performance of artist. Further, artistic and literary is mentioned
under copyright branch of intellectual property.
As per view of Gans, Murray and Stern, (2017) creation of mind is referred to the
intellectual property. There are few categories in which intellectual property is divided that is
industrial property and copyright. Intellectual property right is such as any other property right
which allow creators and owner to benefit from their own work. There are many reasons for
promoting and protecting the intellectual property that is the progress and well being of
humanity. Further the capacity for creating and inventing new work in the vast are of culture and
technology. Secondly it can be stated that if legal protection is provided to the new creation they
it committed to the additional resources for further innovation. At last the promotion and
protection of intellectual property encourage economic growth because it creates new jobs. Fang,
Lerner and Wu, (2017) state scripts, concepts and screenplays can be protected under the
copyright law. There are many countries in which copyright exist in the work with the formal
registration. At the time when work is created then it is protected. There are some steps
recommended which create evidence of creation of concept notes that are to apply for the
registration of the script with copyright office or to register with the writer association. Due to
the lack of knowledge related to the copyright law and emergence of new technology and
convergence lead to incomplete documentation which in result lead to contractual disputes.
Each stage of the film maker journey form script to screen is shaped through the
Intellectual property rights shape. In the intellectual property copyright is the backbone of film
making enterprise. In all the things it provides protection to creators and owner right. This is
done through by protecting their work from other users who want to use it without owner
permission. At the end of movie there is long listed credits which provide hint of the army of
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people who are involved in making movie. However, it is complex, collaborative endeavour
which give rise to different layers of right which is connected to the production that is the
performance, the music and the screenplays (Hughes and Lucas, 2016). All the rights which are
related to these are required to be license, documented to permit the producer that person is
responsible for turning creative ideas or to claim ownership of the film. It is a obligation of
creator to get the film composition of the ground. As they are not the owner of primary idea for
the screenplay. Therefore, without their imagination and feeling a film composition is unlikely
to see the light of day.
At the of film making process there are different agreements which is negotiated by the
producer. The agreements specify the way the intellectual property right take place from the
input of various imaginative contributor will be used and compensated (Halbert, 2016). Further
this agreement is undertaken on the basis of contract law and copyright law and it is also known
as the chain of title documentation.
Copyright is the intellectual property which not important grant sole right on an idea but
the expression of idea which appear it separates from the patent law. Copyright is the field which
consider literary, creativity, musical work etc. these all are the form of copyright which is related
to the dancers, performance in theatres etc. Copyright is known as the basic legal structure which
help composer artist and creative individual in protecting their rights for the work which have
created with their own ideas. Further it has broad scope and it prevent the work of artist that is
books, novels, poems and film works. An individual who has created the work is author. For
instance, an individual who compose a music has the copyright to the music. While in a music if
their not only instrumental sound but have lyrics then writer has copyright for that text work.
There are four types of author who are involved in the film industry that are scriptwriter dialogue
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author, director and composer (Fast, Olson and Mandel, 2016). There are more people involved
in copyright but this four are important and considered in a legal framework. Further, it can be
stated that the work which receive copyright protection this should be independent and original.
The originality of the author is needed as because of some skills, creativity and effort which is
applied at the time of making the work. At the time of working in a film process, there is creation
that is not new and it is taken from the novel. At many times author basically used work is
already exsist and make some neceassry changes in them with their own creations. Therefore,
changes work is required copyright and at the time them when novel is new and independent.
Further, before adapting the work it is essential to taken permission and locate the person who
created the original work. For copyright protection there is no need of registration and it is
essential principle. There are some formalities are need for fulfilling the formality as because
lack of proof lead to create problem in registering. Many times the time limit of the copyright
protection changes over the years. However, the scope of time for copyright protection is till the
life of author until they die (de Beer, McCarthy, and Treen, 2017). At the same time there is
some exception from this rule such as one can neighbouring the right. According to the author,
the copyright which is connected to the film is upto the 70 years after the death of last author
which can be director, dialogue author or who are involved in creating a movie.
Theme 2: The Importance of copyright and intellectual property right at the time of movie
composition.
According to the view of Amini, (2016) Copyright law means that deals with the ownership,
rectification, tolerable user. The total copyright section goes to the ownership of the artist or
creator. As the law stated, the story writer, the screenwriter, and the director should be there in
the mentioned copyright file. As all the law would be shared by them and under them. Copyright
legally help in protecting the work of author and it is a form of protection. It provides protection
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against the literary piracy which is critically in the time of easy digital reproduction and
distribution. Gibson, (2016) state that intellectual property is that which provides to the author
an original work exclusive right for a certain time period regarding the work which is considered
its distribution. The main type of intellectual property and copyright can easily apply to the work
which is a primary creating and a copy. If any person infringes the copyright then an individual
has right to pursue the guilty party to pay for a license or compensate for the financial loss which
is occurred due to their fault. There are some copyright law which needs to follow to protect the
work from getting stolen. Further, it can be stated copyright law defines that creator with the help
of copyright. Further, this copyright came into effect at the time when author fixes its work on a
recording medium. Such work can be software, music, movies etc. it also assists creator to
control their works through assigning the exclusive right to copyright holders (Zhu and Zhao,
2013.).Films are considered as one of the essential art from with cultural, economic and social
impact. It is a collaborative work which fusing the creativity and effort of actors, director
compose etc.
Intellectual property is the ability of the mind to create, invent and the literary work. It is the
form of intangible property which is the outcome of the copyrights, patents, and creativity. In
the film industry, copyright is the art of work and design. Rights related to copyright are the
artists performances in their respective roles. Importance of copyright and intellectual property
right at the time of movie compositions are that it protects the legal creation of the author. It
develops the capacity of the individual to create new ideas, and work with the ability to keep
culture and technology at their respective position. The protection of intellectual property
increases the commitment of additional work and innovations (Fredendall, Letmathe and Uebe-
Emden, 2016). An effective intellectual property makes it possible to decrease the reasons of
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fraud-ism and cheating. It helps the author to legally protect the original piece of work and give
recognition worldwide. Copyrights increase the ability of the producer build new and ideas in the
entertainment industry. The producers would not be able to buy the patent and copyright of the
movie and work confidently. Increases the quality of work and encourages creativity. Protects
the means of inventions and creation by giving rights to the authority to buy or sell. Gives the
right to the producer to use the art of work and change according to his requirement. Provides a
better result in identifying the piece of work. Decreases the exploitation of work without giving
the name of the author in credits.
Copyright is the life blood of movies
As per the view of Anderson, (2016) there are certain exclusive rights which are can be
secured by copyright. This provides security to original work and cover public display,
performance, and the creation of derivative works. Therefore, this sole right makes possibility for
creators and copyright owners to distribute their creative works in a free market as property
work. Copyright exclusive right which distribute creative works especially in the film industry.
In film making process deal of distributor is important because there are many filmmakers who
finance the production of their movies through selling the sole right to dispense their movie in
the given territory. Further distributor makes purchase those rights and agreed to pay a fixed
amount to the producer at the time when the completed movie is delivered in respect to the
technical specification. Robertson, (2016) state that without the copyright producer has no
distribution right for selling in the first place. However, without distribution deal, there are many
producers who are unable to secure the funding which is required for making film
There are some possibility which is provided under copyright by the authors that is known as the
option of pre existing works for adaptations. Copyright does not protect the original work but it
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often serves as the foundations for films. It also fuels the music and sounds which people hear in
the film.
According to the view of Hall, Helmers and Sena, (2014) production companies who are
operating in the film industry and generally deals with intellectual properties because it is a
major source of their work. These property deals regularly on the daily basis and known as the
foundation of film projects. As it can be stated that without the intellectual property there is no
worth as company can be empty. IP is a social construct and made for the purpose permitted
interacting and manage all the assets which are not tangible. Intangible means which cannot be
touch or feel and not have any physical form. Therefore, the concept of intellectual property
exists as because beliefs are share and an individual is loyal to these beliefs. Some of the
common intellectual property which is found at present is copyright and patent. There is a great
impact of intellectual property as it strengthens the film industries.
Fang, Lerner and Wu, (2017), state that The importance of the intellectual properties is
enhanced for the production companies. In the present time, there are many companies who
protect their properties more carefully in this digital era. For instance, the internet made it easy to
get hold of a movie through downloading it from the network without any consent from the
copyright holder. Hence, the violation can be done as because there is the increase in the value of
the intellectual property. Further, the company put more efforts in protecting them and increase
profit by licensing and spread copies of the work to their customers. For the production
company, there is one of the most valuable things that is they have right to produce the film.
Copy of the original movie is distributed and it is known as the tangible assets as because it can
feel the copy of the movie. Furthermore, having the copy is one of the disposal ones which has
not achieved the right to the intellectual property on the basis movie is created (Halilem, Olmos-
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Peñuela and Mohiuddin, 2017). The concept of intellectual property has great influence in their
development is so because it becomes important for actors.
Halbert, (2016) state that intellectual property is based on the national legal system and
national legal cultures as in the same manner intellectual property cannot be termed separated
from the language and culture. For example, because of different culture the way American
company deal with and protect the intellectual property is completely different as if it is
compared from the Swedish. In the same way, The US has a more commercialised aspect of the
film business where money is essential While in the Europe they want to honour the way movie
is created with art.
According to the view of Belderbos, Cassiman and Van Looy, (2014), there are some rules in
the copyright which is basically used in order to protect the film that is essential at the time of
dealing in a business. After the 19th century, all the countries which are independent had
developed the copyright law. This is fundamental beneficiary for the author for a limited period
of time. Further copyright also has the moral right and is opposite to design.
Further, copyright can be separated into two types that is economical and moral rights. In
economical right, it considers two different rights that are right to make it public and right for
producing copies. Bell and Parchomovsky, (2016) explained that The copyright for making
work available to the public contain the following right. Such as right for performing the work in
public and show them copies of work. This is essential for the film industry. On the other hand
moral right is not considered under the copyright and it is not found any type of intellectual
property. In different countries the concept of copyright is strong but it is different in between
nations. In Europe, copyright includes moral right while in US copyright not consider any moral
right. The moral right is can be divided into two different rights that is author have right to
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oppose which it had in its work and it also has right to claim that its name should be expressed in
a clear manner in front of the public.
Theme 3: The factors that affect copyright and intellectual property right during movie
composition.
According to the view of Collins, Li and Ade, 2013 there are many problems which is faced
by the producer at the time of producing the movie. It is not easy to collect all the copyright from
all authors. And it is important to the producer to gather them all and secure that which consumer
lots of time and it is not an easy task. Therefore, it is important and this can succeed or the entire
project could by endangerment.
Copyright is a form of legal protection that is provided to the creators of the movie. Issues in
rights of first production arises when someone copies either the content, music, song, story or
any other element present in a film without proper acknowledgement. The most important among
these element is the story or theme on which the entire factors relies. The rights reserved by this
law includes the reproduction of work, communication of the work to public, adaption and
conversion of activity, etc. However, there are some issue that raised due to this act. For
instance: If a director want to redirect an old popular film that can enhance it's identity in the
field then he/she have to follow all the copyright laws which may lead him/her deprived of
creating the same. However, there is a provision that after taking permission, person may carry
on the work. Similarly, music, songs, dialogues all are reserved under this act and can not be
used until permission is granted.
Besides this, there are some challenges associated in the process of copyright which are faced by
the production houses such as high time consumptions leads to delay in film launching. Further,
government checks the entire content before imposing the tag which may lead to remove some
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scenes or a complete re-do. Also, the duration of the copyright is limited which is required to be
renew timely.
According to Kartopu, Clayton and Irvine, (2014), there are several kinds, of aspects available
in context to the intellectual property which creates either positive or negative impact on the
particular industry. The present study is based on the entertainment sector where the composition
of the movie scenario is considered. When an organisation producing or composing a particular
film then uses different intellectual rights like copyright, patent, trade marks, registered designs
etc. In the current case study, copyright is highly taken into account in order to composite the
movie. Copyright includes software, designs, database etc. and trade mark involves logos and
brands of the business. While producing a film a various number of the intellectual properties
used where different factors affect. Basic factor which highly creates impact in the negative
direction is cost and expenses related to the intellectual property rights. When the company
producing movie then takes copyrights which lead to imposing high expenditure in terms of
implementation as well as enforcement. Further, cost of taking copyrights and using logos of the
another company then has to give the huge amount. Due to which overall expenses for
composing a film enhances up to the certain extent. It is one kind of highly affected factor for
using such rights within composing movie.
As per the views of Heald, 2014 cost of enforcement is higher of the intellectual property
rights in the industry along with application expenses as well. While introducing and applying
copyrights, trade marks and any other intellectual property more amount has to give by the
movie producer. Because of this particular reason, overall financial resources affected
negatively. Beside this, wide range of rules and laws are there which framed by the authorised
department in the country. At the time the of using or incorporating intellectual rights in the
19

movie production then mandatory to follow all the rules in the legal manner. In case, necessary
laws and regulations are not implemented at the time of using copyrights in film producing then
unable to launch in the market properly. Due to this, unable to recover expenses which are made
for applying and enforcing within film composition. On the basis of this, it can be said that legal
laws are also one of the highly affected element at the time of using intellectual property rights.
As per the opinion of Zhu and Zhao, (2013), while considering copyrights and other kinds of
intellectual properties it is highly necessary to have knowledge about it. Along with this, the
manager of the film composition should have proper awareness about the IP rights in properly.
The reason behind this is that, if he or she does not have adequate knowledge then cannot
implement in the proper direction. If the information and awareness is not with the manager that
how IP rights work and applied in the workplace then unable to use appropriately. Moreover, it
can be said that due to lack of proper awareness as well as knowledge about intellectual
properties the film producer cannot use it. Further, such kinds of factors affect to the company at
the time of composing a particular film. If the management considers and keeps in mind such all
the factors then able to use intellectual property rights in an effective direction.
According to the view of Caballero, Garcia-Llamas and Valakh, (2014), all of the films
producer companies are a contract with intellectual property as a leading source of their working.
Which are dealt with on a regular basis or they are the foundation of the movie project. With out
any helps of the intellectual property, film producer companies not completed their projects and
very less grow in the present scenario market.
State that Intellectual property is a social thought invented for the purpose of respecting us to
meeting each other and monitoring and maintaining assets that do not exit as tangible
phenomena. Those assets are intangible we cannot feel or touch, or even see them. The idea of
20

intellectual property not only exits because the researcher says it exits because of we public share
beliefs and loyalty. The most important intellectual property can be found in the economics but
now present time design, copyright, trademark, patent, trademark, and know how. The affects of
intellectual property have fortified over past years and even industry.
For the film industry, intellectual property is very important because it has reduced the
financial risks. Now present organizations must focus on protection of their properties and more
care behavior in this digitalization era.
According to Weil, Brady and Weil, (2016), the cross border acquisition work which is
preserved by copyright are not affected by the laws of the countries from which they are
acquired. Different parties which enter into the agreements are allowed to evaluate the terms and
condition of this contract. They have the freedom to choose the law according to them. The
negotiations of copyright works are not considered in the way in which it dissociates itself from
the laws of the particular country. Different factors that need to be considered while dissociating
itself from the laws are tax implications, copyright law and laws of two countries.
As per the view of Fredendall, Letmathe and Uebe-Emden, (2016), taxation policies appear as
they are not part of the agreement. In order to understand tax implications, it is very important to
understand the type of contract. The writer has also stated that there is the difference between
copyright assignment and exclusive license for the very small time. Taxes are only paid in
respect to the contract of copyright and its license. The taxes are payable by the acquisition of
copyrighted work. This is critical in analysing the nature of the agreement. Halilem, Olmos-
Peñuela and Mohiuddin, (2017), proposed that it is very necessary to examine the different
aspects with respect to the copyright, ownership and determination of moral rights as all these
factors are involved in international parameters instead of jurisdiction.
21

The copyrighted work may depend on nature of work, author death date and date on which the
author has published its book. The basic difference between the approach of different
jurisdictions to copyright law are dependent on the continental writer focused copyright and
American view of copyright. As per the saying of Birnhack and Khoury, (2016), it can be
understood that ownership of copyright ownership of copyright creates different issues. When
there are more than one owners, there is the difference in the manner of selection of legal
documents. Few laws consider the difference between joint owners and co-owners and access of
rights to be granted by all owners. Copyright does not protect different ideas and facts and the
owner has to provide evidence to prove that all written documents are protected under high
security. Further, jurisdiction also obeys the laws which are specific and clear to jurisdiction. It is
very important to consider all these laws so that owner can understand the terms and conditions
of the agreement.
de Beer, McCarthy and Treen, (2017) State that, During the composition of the movie the
producer ha to face many issues related to the copyright and the intellectual property right of the
movie. It is the duty of the producer and the producing team to look into the matter and collect
all the required information related to the movie copyright. To make sure to buy all the original
rights of the movie. According to the laws, the copyrights protect the right of the authors and
using it without the prior notification or making and effort to buy the copyrights might lead the
producing team a notice related to misleading or using of the original rights. It is written in the
laws that one has to make sure that he is not using any composition without taking permission
from the original line producer. The production team should abide by the rules and regulation
and abide by the laws otherwise a strict action would be taken against the team (Voss, Paranjpe
22

and Garrison, 2017). Copyrights refer to the bundle of rights that grants for the utilisation of the
original work with the permission of the author and the producing team.
Need of protection for performers right
The rights of performer need to be protected as the amount of work they produce for the
audience and creativity of the performer. Hard work behind the work is his fundamental right to
protect the work.
 It ensures to develop creativity and the performer is encouraged to perform more.
 Motivates the performer and builds trust among them.
 Fair use of original work.
 Stops plagiarism and gives credits to performer.
 Moral right of the performer to have the authorship of the work.
 To protect his work from any misrepresentation and other re creation of the work.
 To make sure that none other uses the work without prior performance or copyright of the
work.
 Protection of ideas and building moral of the performer to create more and entertain.
There are few examples related to the copyright infringements in film
 Captain Phillips (2013)
The lawsuit : The crew of the MV Maersk Alabama vs. Waterman Steamship Corporation and
Maersk Line, Limited.
The film tells the heroic story of Captain Richard Phillips and his unpleasant experience
when the Somali pirates hijacked his cargo ship in 2009. While the movie showed things
differently and each members in the ship saw things differently. The crew claimed that the
23

Captain Phillips went into the pirate over spreaded waters to save money and time instead of
many warning signs.
The lawsuit was filled against the shipping company that navy and the crew crewmember were
the true heroes who fought against them.
 Avatar (2009)
The lawsuit : William Roger Dean vs. James Cameron, Twentieth Century Fox, et al.
William Roger an album cover artist filled a case against James Cameron and Twentieth Century
Fox for using the planet design in Avatar, he states that the design used is much similar to his
artwork the fantasy landscapes depicted in the books Magnetic Storm, Views and Dragon
Dream. Also, he included that the floating islands, stone arches and creature designs were his art
of work. In damage Dean is seeking $50 million and a court order so to make it clear that
Cameron drag his work.
 The Hangover Part 2 (2011)
The lawsuit : S. Victor vs. Warner Bros.
S. Victor filled a case against Warner Bros. For using his work in the film. In one scene Stu(Ed
Helmes) wakes up after a night of dissipation with a tattoo on his face which is a resemblance of
Mike Tyson's face tattoo. He states that he designed the tattoo especially for Mike Tyson and
officially claimed it was a copyrighted work. The lawsuit has almost affected the release of the
film and the possibilities that two parties would not come to an agreement. But they came to a
mutual agreement with an undisclosed amount by Warner Bros.
Conclusions
From the above secondary research it is concluded that there are different way of
concluded that copyright and intellectual property is essential and it plays significant role in the
24

movie composition. It helps in protecting the creative work of artist, so that other person cannot
use it without the permission of owner of movie. Further, at the time of making a movie it is not
easy for the author to collect take permission or collect copyright.
Further, it can is concluded that In the film composition copyright, play significant role in
respect to craft the story, and transacting script and in securing the financing. Further it secures
property right in primary films and the adjustment of prior work. It can be stated if anyone break
the copyright law then author can sue in court. There are many cases related to copyright
infringements is reflected related to movie. Further it is concluded that, there are some factors
that affect copyright while composing movie that is cost and time. Registering the work under
copyright charge high cost which lead to increase the expenses of producing film. Further, if
films company unable to repay its expenses then it may face issues.
25

CHAPTER 3: RESEARCH METHODOLOGY
3.1 Introduction
Research methodology is one of the another important chapter provide detail explantation
related to the study. This chapter covers different tools and techniques in respect to carry out
research in systematic manner. It includes different tools that is research design, approach etc. In
addition to this, various aspects which facilitate to reach the valid outcome (Wright, Wahoush
and Jack, 2016.). The current report is based on analysing the factors that affect copyright and
intellectual property right during movie composition therefore qualitative study is conducted so
that potential reason can identified which are affecting the copyright and intellectual property
right during movie composition. Along with this scholar, will give detail information and
justification of each chosen method. Furthermore, this proves to be effective in respect to reach
aim of the present study in an effective manner. Different methods which are used in current
research is reflected in this section which in turn fruitful conclusion is drawn.
3.2 Type of investigation
There are two type of investigation that is qualitative and quantitative which can be used
in research for completing the entire dissertation. The selection go the investigation is done on
the basis of purpose of research. In the present report qualitative type is used on the basis of
which qualitative type theoretical aspect of entire study is carried out with depth analysis. On the
other side in qualitative investigation all the information is collected with statistical method such
as regression, standard deviation and correlations. It helps scholar to assess the relation of
variable with another (Bailly and Comino, 2017.). Entire dissertation is carried out in theoretical
form therefore qualitative type is used. One of the main reason for selecting this techniques is to
conduct depth analysis with the help of which investigator get detail information on the present
26

topic. This prove to be effective for reaching the valid outcome so that on the basis of which
recommendation can be provided for factor affecting the copyright and intellectual property in
movie composition.
3.3 Research approach
Research approach is one of the important chapter of research which reflect the light on
the way data is collected. There are two kinds of approach that is inductive and deductive. In
inductive approach it demands for generalization of the gathered information and then focus on
collecting the specific information. Here it can be stated that this approach provide better
outcome at the time when qualitative investigation is undertaken by researcher (Mebius Kennedy
and Howick, 2016.). On the other side, in deductive approach focus is put on specific
information then generalization of the same is done. Here new theory is constructed by making
evaluation of the facts and aspects.
In the present report inductive approach is taken into consideration so that general
information can be collected and then specific causes can be find out related to problem. Further
it allows researcher to develop deep understanding related to the present topic and linked with
the primary collected information (Creswell and Poth, 2017. ). This is proven to be effective in
respect to overcome the barriers as because consistent is also essential for making sure the
primary and secondary information. Therefore, inductive approach is selected for collecting the
significant information in respect to reach the aim and objectives.
3.4 Research design
Research design is known as the process through which finding can be presented of the
gather information in the line of aim of the present research. There are three type of research
design that is descriptive, explanatory and exploratory. Descriptive research design help in
27

describing the characteristics of the population which cover in the study while explanatory. On
the other hand explanatory design help in investigating and uncover the issues which is support
in getting valid outcome in relation to the aim and objectives. This provide way to scholar to find
out the causes and effect relationship (Edson, Henning and Sankaran, 2016.).
Furthermore, through the help of this researcher can easily find out the way to reach the
result of the current study. This causes and effect relationship can be ascertained in which one
factor is evaluate on another. In the present report descriptive research design is used so that it
can get valid sources of information and on the basis of which valid outcome is provided by
scholar. Therefore, descriptive research design is applied for reaching the mains aim of the study
that is to analyse the factors affecting the copyright and intellectual property right during movie
composition. One of the main reason behind selecting this technique is that descriptive research
design is to present the outcome in an approach (Kerr, Eckert and Wandwabwa, 2016.). The
characteristics of the population is also described in this report so that deep understanding can be
created related to the topic. Further it is stated that selection of the research design is done
because issue with the current topic is already presented and covered in the previous study.
Hence, undertaking this research design is proven to be effective and provide valid outcome.
3.5 Research philosophy:
Research philosophy is completely depended on the assumption and beliefs of the
investigator related to the selected topic. Interpretivism and positivism is two kind of research
philosophy that can be used in research. In interpretivism research philosophy it shows the single
fact which is followed by various facts (Toye, Williamson and Lamb, 2016.). While in
positivism philosophy there are different facts which are followed by numerous aspects. It is
important to choose right philosophy as because it influences different the entire investigation.
28

For the present study interpretivism research philosophy is effective because qualitative types
investigation is selected. Further, it can be stated that positivism philosophy is taken into
consideration at the time when quantitative investigation type is selected. Therefore, it is
important for the scholar that at the time of selecting the philosophy, type of investigation is kept
in mind. It helps in gathering, evaluating and analysing the collected data in an effectual manner.
The present study is based on the different factors that affect copyright and intellectual
property right during movie composition, interprtivsim philosophy is applied. This help
researcher to provide its own view and suggestion on present topic. This assist in getting valid
outcome and provide valid outcome on the same. On the other hand it can be stated that
positivism philosophy is sticked to facts which it cannot be interpreted by investigator which are
based on its own assumption (Cooper, Desjardins and Croll, 2016.). Through the use of
interpretivism philosophy it becomes easy for the researcher to get valid outcome by gathering
the large amount of information regarding the present topic. This lead to be effective in respect
to develop deep understanding related to the factor which are affecting copyright. It is also
emphaize on availability of the information related to the factors affecting intellectual property.
3.6 Data collection:
Data collection process is way which show suitable and appropriate sources from where
information is collected for the present research. However it is essential for the researcher to be
careful at the time of selecting the sources because it lead to directly affect the findings of the
current research (Bathelt and Glückler, 2017. ). Further it is also a type of method that
includes two ways with the help of which information can be gathered. In order words, it is the
process through which the information can be gathered in effective manner . These are of two
type of which are primary and secondary methods. Primary can be determined as a method that
29

is collected for the first time. ]Those data that are not been gathered till know. In this process that
are different type of tools that are helpful for this. With this respect, it includes interview,
questionnaire, observation, etc. In sources' investigator is using survey method (Peter, Werner
and Alavi, 2017. ). The type of tool that will be followed will be questionnaire. . These
respondents are selected as they will be helpful enough to provide adequate information for the
research topic. As primary data is effective and it also provide high level of information for
addressing all the research problems in a right path.
On the other hand, secondary information are those which are already gathered by some other
researcher . It includes tools like books, journals, online sources, etc. Among these two, it can be
stated that secondary method will be adopted. Further, secondary data will be collected through
books, journals, articles, online websites, etc (Médici and Allen, 2016.). One of the main reason
behind collecting this data is that it lead to provide information is accurate and important for
accomplishing the present research aim and objectives. It is helpful in analysing the factors that
affect copyright and intellectual property right during movie composition.
Both these methods will enable to make sure that appropriate outcome will be determined.
3.7 Data analysis:
Data analysis is also important chapter as because after collecting the data it is important
to analysis them in an appropriate manner (Attar, Haghighat and Ghassemi, 2016.). There are
different tools and techniques which are being used by scholar for carrying out the analysis of
collected data. One of significant rationale behind selecting this techniques is to convert the raw
data into a meaningful information.
Furthermore, this is an important part in which all the information that is collected is
properly analysed. There are two techniques of collecting the data that is qualitative and
30

quantitative. In quantitative techniques researcher all the collected data is present in numerical
form. In this context, it includes SPSS and thematic. SPPS is a type of method that enables to
make use of statistical tools. There are different types of test which are applied in this method
that is chi square test, Z-test etc. This all are effective at the time when information is presented
in numerical form.
While quantitative techniques non numerical form is used. Here, different type of questions that
are asked by the respondents in the form of questionnaire . It becomes difficult to present the
information in effective manner. With this respect, there are different type of tools that can be
used by the researcher (Raynor, Ayubcha and Alavi, 2017. ). On the other hand, thematic is a
type of tool that is helpful enough to present the information gathered from the respondents in
the form of tables, graphs, etc. When compared with these methods, the researcher has made use
of thematic. This way the investigator will be able to present the information in the form of
tables, pie charts, graphs, etc . For each of the questions themes are developed and this way it
helps to determine the perception that are developed by each of the legal advisor. The viewers
will be able to make sure that they understand each of the information that are presented.
3.8 Ethical consideration:
Ethics are important part which is important to consider at the time of carrying out the
entire research. Further ethics need to be focused at the time when respondents are approached
for taking part in survey. At this stage, all the participants were asked to take the part in survey
so that information can be collected related to the topic. While the purpose for which research is
conducted is made clear in front of respondent so that they many not feel hesitate in taking a
part. Apart from this information which is collected from secondary sources is cited properly
with evidence. This lead to help researcher in collecting the information in an effective way
31

(Mammen, Norton and Butz, 2016. ). Further research ethics is also taken into a consideration
at the time of selecting the tools and techniques for gathering the information. As it is proven to
be effective in solving the issues which are related to the study. The entire research is completed
within a given period of time and researcher also get time at the tome of collecting the secondary
data for present research.
3.9 Reliability and validity
For raising the reliability and validity of present study it is important to consider several
aspects by the investigator. Therefore, the aim is to gather appropriate data from the authentic
sources so that no problem can be faced by researcher. One of the main reason behind this is that
copyright protected and it is highly reliable which help scholar in getting proper solution of the
research problem (Hwang, Mossa-Basha and Anzai, 2016. ). Further secondary data which is
collected is helpful in accomplishing the aim and objective of the present research. Therefore,
different themes are prepared by the researcher in accordance to its aims. This reflect the all the
collected data is highly reliable and valid for the present study.
Apart from this for collecting the secondary information related to the objectives there
are some latest articles and book have been taken into consideration by the investigator so that
deep information can be gather related to analysing the factors that affect copyright and
intellectual property right during movie composition (Landau, Cohen-Mansfield and Lev-Ari,
2016). Different research tools and techniques which are taken into consideration are highly
reliable. In this study qualitative investigation has been chosen and inductive approach is
considered by the researcher. Through undertaking a thematic perception all the collected data is
presented with the use of charts and graphs. Therefore, all the tools and techniques are logically
related to the research type and it is well designed.
32

3.10 Research limitation
In the current investigation scholar has been tired to put its best efforts at the time of
completing the such study. Further there is no enough time is available due to which researcher
unable to carry out high investigation. Along with this due to limited time researcher was unable
to take high sample but the sample is not too high or low. Therefore, due to limitation of time
researcher was undertaken secondary research was undertaken.(Kalra, Phadnis and Joshi,
2017.). On the other hand there is lack of monetary resources so highly advance tools and
techniques were not applied in the present research. Therefore, qualitative investigation type is
undertaken by the investigator for carry out entire research and for identifying the to analyse the
factors that affect copyright and intellectual property right during movie composition. For
making sure that no controversial nutation take place the researcher taken approval for collecting
the information. In addition to this all the collected information kept safe and secure while it is
only used for the purpose of accomplishing the aim of present research.
There is restriction on few sites from where information can be collected so permission
was taken for access the restricted sites (Abidin, Rusli and Khan, 2016. ). The sites which are
restricted is important and assist the scholar in carrying out the investigation in new direction.
Therefore, permission was taken for accessing those sites.
33

CHAPTER 4: DATA ANALYSIS
INTRODUCTION
Data analysis is one of the important chapter which provide all the collected information
in an effective manner. The present investigation is based on the qualitative techniques, therefore
thematic perception is undertaken by the researcher so that all the information can be presented
in clear form. Furthermore, analysis is done on the basis of secondary research. This will help in
accomplishing the aim and objective in an systematic manner (Voss, Paranjpe and Garrison,
2017). Further, through secondary research it become easy to develop deep understanding related
to the topic that is to analyse the factors that affect copyright and intellectual property right
during movie composition all the themes is supported with proper evidence.
Theme 1:It is benefited to use intellectual property system
Discussion and analysis It can be stated that own creativity and design need to formally
registered as because it has some advantage of offering peace. This also lead to make sure that no
other people can copy their design and creativity (Shen and Amendah, 2016). However, there are
some film producers who believe that it is effective to have registered design in the event that
financial circumstance change and this make easy to pursue any imitators in the futures. One of
the another effectiveness of using intellectual property system is that to protect the design as it
provide proof that an individual is an owner of the creative idea. The movie composition
company are also concerned about the protection of their artistic integrity or ideas. While there
are few movie composition company who are not concerned much and they are not getting
affected from losing money if their work is pass to someone else. They may have some strong
sense of their design as because they are highly artistic (Birnhack and Khoury, 2016). Further, it
34

can be stated that registered design system provide a formal acknowledgement of the ownership
of their own creative idea.
Intellectual property is useful and it can be used instead of monopolizing a product.
Therefore, it is important for the film maker to understand the intellectual property rather than
avoid its uses (Chang, Nam and Chan-Olmsted, 2017). There are some misunderstanding which
is created related to usage of IP. It is required basically for the keeping others work secure from
using certain things. Further it is also used for licensing the technology.
Theme 2: Barriers while using the intellectual property
Discussion and analysis The cost of enforcement of registering the design is high which can be
afford by all the companies. As many owner who are unable to protect their registered design. It
is so because they are unable to afford lawyers for advise purpose. Along with this it is also
identified that lack of knowledge regarding the intellectual property protection lead to create
barriers (Fast, Olson and Mandel, 2016). There are many movie composition who believe that it
is not easy to register the intellectual property as because it is time consuming. There are some
expensive and time consuming as it is actually. The long process used in for intellectual
protection enable movie composition to avoid protecting their work. Hence, it can be stated that
lack of knowledge lead to create barrier between in registering the intellectual property.
Theme 3: Success of the intellectual property system in respect to meet the needs of movie
makers.
Discussion and analysis: There are many respondents who state that Intellectual property was at
all successful in meeting the needs. He felt that currently, there are many people who think that
intellectual property and patent does not work much (Gong and Young, 2016). Therefore, it can
be stated that use of intellectual property is very effective as it helps in keeping the ideas and
35

information safe and non one can use it without the permission of owner. There are different way
through which movie composition can protect their work. It is important to exploit and protect
the intellectual property in movie product. It defends the work of film maker and modify them to
distribute their work in free market with their own tag.
Theme 4: Copyright is an effective type of intellectual property in movie composition.
Discussion and analysis: There are many respondents who state that copyright is effective type
of intellectual property as compare to patent and trademarks. There are many respondents who
state that copyright is effective intellectual property as because it helps in help in protecting the
work from getting stolen. There are different type of intellectual property that is which play
significant role and secure the work and idea of author (Delre, Broekhuizen and Bijmolt, 2016).
But copyright is effective among all of them as because the law of copyright set a simple and
clear principle that if an individual who buy his or her own skill then it need to take permission
of it. Law related to copyright not only protect author and creators original work but also all
chain of title holders, covering film distributor. Here term used that is chain of Title mention to
the documented collection of assignment to the producer, special purpose entity, distributor or
other entity which proves ownership of or distribution right to a film (Fukuda and Matoba,
2017). There are different rights in copyrights which ensure that the author who create the
original work have right to control its work and the way it is used by others. The copyright is
composed of a number of different rights in which there are few which are assigned to various
parties. There is moral right which is related with protecting the reputation and personality of the
creator. Further assignable rights which is assigned through licence to another person likewise
performance, copying and publication etc.
Theme 5: Drive the relationship betwixt copyright law and film making
36

Discussion and analysis: There are many respondents who state that there is least in the
perception of film-maker themselves. Firm can make improvement in copyright system with the
help of making new films (Bharadwaj, Noble and Dong, 2017). Problem related to taking
permission of copyright can be identified and this issues can be solved with the better
understanding and training. Copyright should not be infringes because of any fair dealing related
to writing and musical work. Copyright law help film maker to fair use and reproduce the
original creations. The things which is written or recorded in a format is subordinate to copyright
from the moment it is created. It provides protection to the work of author which consider films,
recording of sound, drama works etc. One of the effective function of copyright law is to work
as safeguarding to originality. It protects the development of writing performing and creating
whilst enable way to primary copyright material.
Theme 6: Reason for copyright protection in movie composition.
Discussion and analysis: Copyright is known as the package of sole rights which are
acknowledged to the right holder for a fixed specific period of time, so that it can empower or
forbid the use of his work by others (Kumb, Kunz. and Siegert, 2017). On the other hand, it can
be stated that use of copyright protection is done as because to promote creativity through
rewarding the creative authors and make sure that users have right to the works. Further it is
analysed that copyright protection is seems that copyright creates a system in which owner of the
work permit the exclusive right to use of achievement his work.
Copyright is the fundamental right of the creator given by the law to protect the literary
and the artistic work. The creativity of the creator is hence subjected to be protected to motive
and encourage them to produce more in the field of entertainment. It ensures and safeguards the
rights of the author and reward their creativity. Creativity is the social source of development and
enables in the economic growth of the individual. It provides the efforts to the compositors to
37

create more and motivate others to create. If the rights are protected strictly, it can help in the
progress of the society (Zhu and Zhao, 2013). The laws are enacted and maintained
systematically that it creates a better relation between the creators and the society to their
interests. It is the responsibility of the producer to have the rights of the subject as it is a matter
of quality rather than quantity. It is required to take the permission so to safeguard the interest of
the individual, but there are exemptions where they can use the information without the
permission of the owner like : the making of sound recordings of literary, dramatic or musical
work under certain conditions.
Theme 7: Copyright protect the name and title of movie
Discussion and analysis: There are questions that does it protect the titles, names, etc. Hence,
not only names and titles but short word, plots, short phrases or factual information are not
ordinarily protected by themselves. The original work is only subjected to be protected
(Belderbos, Cassiman and Van Looy, B., 2014). A work here can be any of this, a literary
drama, musical or artistic work, sound recording, cinematography and the contribution of work
provided by the author. Copyright of the musical work does not protect the words included to be
sung or performed, it means the work of consisting music or any graphical notation. Even in
public performance it is required to obtain the license from the owners involve in sound
recording. Copyright in a dramatic work can reproduce the work, provide it to the public or
perform the work in public, can provide translation to the work. The rights also include that the
producer will not make more than one composition without the permission of the owner (Bell
and Parchomovsky, 2016). The term of copyright of the original work is also protected for a
period of time, in terms of dramatic, movie composition and the artistic work is protected for a
period of 60 years accounting to the year of agreement to the death of the author.
38

Theme 8: Different rights of a copyright owner.
Discussion and analysis: There are different types of right which copyright owner have related
to their work. The copyright owner have many rights which are related to work and other subject
matter protected by copyright such as reproducing the work in a material form that which include
that is to reproduce the work in a material form which consider composing sound recording or
film work (Murphy, and Ryan, 2016). Further, it includes right to publish the work and perform
the work in public. In some of the countries there is system of registering copyright. These
systems is effective at the time when there is chance of misleading the information. Further it is
also identified that the copyright to some film was the property of a company which is no longer
exist.
Theme 9: Copyright is the life blood of movies
Discussion and analysis: There are many exclusive rights which can be secured with the help of
copyright. This lead to provide security to the original work and their creative activities.
Therefore, this sole right assist author to distribute their work as its own property. In a film
making process deal is essential as because other film-maker who finance the production of their
movies by selling their sole right through dispense their property in a selected territory.
Therefore, distributor purchase those rights and ready to pay fixed amount to the producer for
film when it is ready to deliver related to technical specification (Morrison and Secker, 2016.).
Therefore, it is analysed that in film copyright play significant role as because without it no
distribution have right to sell it at first place. In film copyright not secure the work but it served
as basically secure the pre existing of work.
Theme 10: Cost is the Factors affecting copyright and intellectual property right during
movie composition.
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Discussion and analysis: There are many aspects related to the intellectual property which
develop positive and negative impact on industry. Copyright plays significant role as it help in
protecting the work of author (Bizzozero, Flepp and Franck, 2016). Cost is one of the factor
which impact the copyright at the time of making movie. At the time of producing movies there
are then it takes copyright which charge high cost this lead to increase the overall expenditure
amount of the firm. This lead to impact the financial resources of the movie company. Further, if
any law and regulation is not implemented at the time of using copyright then film company face
problem in publishing it. Along with this company face issues when it unable to recover
expenses at the time after selling the movie (Rodriguez, Ragland and Jones, 2016). It is
important for the firm to kept knowledge related to the intellectual property so that they not face
any kind of issues at the time of using it.
Theme11: The ethics of intellectual property in film making
Ethics is the values and beliefs of a person or the moral principles which an individual
govern. The ethics of intellectual property in the composition of a movie is to protect the rights
of the owner of the original work. It does not apply only on the producer but also on the public
for whom the work is being subjected. It is a unfaithful to leak the content online and disrespect
the work of an artist. There should be some moral values of an individual to not to violet the hard
work (Hall, Helmers and Sena, 2014). The producer composes the movie for the entertainment
and the availability of the data online makes it difficult for them and is against the ethics and
decreases the moral values of the owner. If the work is available online, it is ethically wrong to
use it. For the things what one is allowed to use should always give credit to the person who has
the copyright of the product. Intellectual property rights belongs to the person who has the
copyright of the product, and violation of these are termed as theft. The duplication,
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downloading of any media online without knowing the original owner is plagiarism and
unethical and should be avoided. From the part of producer it is also unethical to use the
information or the original content without having the copyright, they should not use the work
without permission. Ethically it is the responsibility of the producer to make sure to see that he is
not using any content in his composition which can create problems in the society (Fang, Lerner
and Wu, 2017). Any use of wrong information in the composition can create issues for the
producer. He should see ton the legal issues and not use content that can hurt the feelings of the
audience, by doing this he is exploiting the original content and disobeying the creativity of the
owner.
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Chapter 5: Recommendation and conclusion
Conclusion
Conclusion is provided on the basis of objectives
The concept of copyright and intellectual property right while the composition of movies.
From the first objective it is concluded that copyright is a legal law which save any
published work from duplicating without the consent of owner. It protects the idea which is
presented, not the one in mind. State scripts, concepts and screenplays can be protected under the
copyright law. The copyright can last upto 50 year and it can also pass over other people.
Intellectual property mostly concern with artistic and scientific work which are the result
of a person intellect, such as industrial design, artistic, performance of artist etc., its not applied
for physical objects. The law for these properties were made for two reason first to protect the
economic and moral value and second to promote fair trading through government, leading to
social and economic growth. Intellectual property is categories in two i.e. is industrial property
and copyright. Protecting intellectual property is not only good for morality, but it also promotes
creativity and inventing in world of culture and technology.
There are many countries who have accepted this law which exist with formal registration but
due to lack of knowledge many times it leads to contractual disputes.
Intellectual property is part of film making, it's a long process and involve many people
who deserve the credit, however it ends between performance , music and screenplays. A film-
maker need to get all require license before claiming the ownership of idea. He need the film
composition before he starts as screenplay ideas are not his without which film making is
impossible.
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In film making its producer has to go through chain of title documentation that is
deciding the way intellectual properties are used, to how and which idea is to use, which is
further solidified through contract law and copyright law.
Copyright is really vast it undertakes literary creativity, musical work etc under its wing,
it provides protection to this artist to protect there creativity it may include books, novel,film
works etc. copyright work according to scenario like for music if it only sound then the copyright
goes to composer but ifc its have lyrics then lyricist demand a copyright for the lyrics, same way
in film making writer, dialogue author, director all involve in copyright. For copyright the
originality of work is important. In case of adapting when film maker try to make movie based
on novel its necessary to take the permission of original owner, there is no need for registration
but have to cover other casualties. Many time the copyright time change but for authors its until
they die, and those which are connected through film making its upto 70 yr after the death of
particular person.
Importance of copyright and intellectual property right at the time of movie composition.
From the second objective it is concluded that copyright help in protecting the work of
author from piracy. In film making story writer and screenwriters are the real author and law
provide that these two must be involve and mention in copy right files and also share all the
laws. It provides author with certain exclusive right for definite time. If any person break this law
then owner has right to ask for compensation for his loss. Copyright really came handy for film-
maker, during the making or in progress time its easy for information to get out,
Copyright makes possible for author to have there work as a property in market, as it not
only provide security but also cover public display and performance. Copyright act as an
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exclusive right in film industry because it grants them distributing right, which make it possible
for producer to sell there sole right helping them in finance.
IP act as the main source of film industry , it helps in managing all intangible assets, copyright
and patent are common IP property . It strengthens the film industry, enhancing production
company protecting films in digital area where plagiarism is most common threat. For
production there main job is to produce the film copying of film being available on internet lead
to great loss so they try to create more profit by getting license and then distributing the original
one. There are some copyright rule to protect film while making business.
IP cannot be separated form culture because it is based on national legal system and
national legal cultures, every country have their own culture which is reflected in there film like
US has commercial aspect while Europe pay more attention to art of movie
Almost all the countries accept this law after 19th century. Copyright is of two type economical
and moral rights. Economic right give you the right to make it public and right of producing
copies. Make it public means that they can perform or showcase there work in public and are
also able to make copies. While in moral right it gave author the power to place his input in work
if he does not agree with something, another is that it provide writer with right to claim that his
name should be expressed infront of public. Every country have their own rules for e.g. Europe
include these moral rights as part of IP on other hand US copyright does not concern with any
moral rights.
The factors that affect copyright and intellectual property right during movie composition.
From the above context, we conclude that it is necessary for the producer to collect all the
copyrights at the time of producing movie. It is an important part while producing or the entire
project will be in danger. To work on a movie the producing team must adhere by the laws and
should include in the study to have all the copyright of the movie well in advance. If they have to
44

use the trademarks, designs and patent of the movie they must consider it to have the copyrights
and the intellectual property of the it. It takes a huge amount to use the patent, logos of other
companies. While taking the patent and applying for the copyright the producer has to give a
huge amount. But giving the money makes it easier for the producer to launch the movie
properly in the market. If they do not take that into consideration their would be problems for
them and they would not be able to launch it correctly. The manager or the producer should have
the IP rights knowledge, if they do not have all the required knowledge they may not be able to
apply it properly. It is said that if the film producer dos not have the knowledge about it this can
affect the company at the time of composing a film. This can further work against them , if they
keep it in mind and consider it then they can use all the intellectual property rights in an effective
manner. Hence, all the film producers are connected with the intellectual property as they have to
work in the industry and have a reputation in the industry. The connection makes them to deal on
a regular basis and helps them to kn ow about all the foundation of the movie project.
Intellectual property is a social motive invented to meet the intangible need of each other. For the
producing industry the intellectual property has helped in best way as they have reduced the risk
of financing. If we look into deep there are many hidden taxation policies that are not part of the
agreement. The copyright is the fundamental right of the original producing unit and it is the
duty of the producer to not make any step in the line to cheat or fraud the producers. As they can
file a complaint against the producer for cheating and fraud, by using the original piece of work.
This can be a backlash for the producer and their can be difficulties while launching the film and
can go through loss.
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Recommendation
From the above collected secondary information it is suggested that movie composition
required to should protect their work from getting stolen. There are some recommendation for
the film maker in respect to use copyright for movie composition which are as follows
From the above context, it is recommended that it is the responsibility of the producer to
collect all the rights of the movie before composition. It is an offence to misuse the creativity of
any author without taking the rights over the work. Copyright is the right issued by the law to the
producer to compose the original work with prior changes. It is the authority provided so that
there is no criticism and delay at the time of launching. It safeguards the right of creator over
their creation. It creates an atmosphere for the creator for their creativity and motivates them to
create more. It gives the film makers chance to resolve some of their problems like right of
quotation, here all the problems related to using the original work are safeguarded and the
producer would not be able to the original work without taking the copyright of the work. It set
up fair dealing between them so that there is no misunderstand and misuse of the original
creativity. Copyright ensures that all the legal reforms of the producer are safe and secure and
they are free to provide any information required in their work. It is the most safest work to
ensure that nobody relating to the original idea has any issue with the composition. Intellectual
property rights include trademarks, patents, copyrights etc. these are more specialized work of
issuing the exclusive rights. It makes sure that the producer does not face any issue while
launching the product. The laws are made to support the creator and his work and make sure that
their work is kept original and they do not have any issue related to their work. It is
recommended for the producer to have copyrights so that he is able to produce without any issue
and freely. If they are caught or a notice is issued against them for violating the work then a
46

serious action is taken against them and it may cost them a huge loss in their composition. They
should abide with the laws and produce with the permission so that there is no problem in
launching the product. Copyright agreement should be cleared well in advance and must be abide
with the laws. It is clearly a crime to use the work of the creator and a legal petition can be filed
against the producer. The producer and the film industry should be taught all the laws relating to
copyright, and issues of intellectual property. Copyright is the most important form of protection
it has grown to protect ones new invention. So it is suggested to improve the knowledge of
copyright and trade policies to protect the individuals creativity. It gives an idea to use the
official work without having any issue related to plagiarism and increase the ability to reform the
original work. It is advised to make sure that the process involve in copyright must be checked
and all the legal formalities of the process should be done with a mutual agreement between both
the parties.
Further it is suggested that movie maker must have knowledge related to the copyright
which they used for protecting their work. It is so because registering the movie is legal process
and it consumes lots of time as well as cost. Sometimes, it happens film maker companies need
to pay high cost for registered in copyright system which impact their overall cost which is set
for producing the movie. Therefore, proper information need to kept so that not face any problem
at the time of applying copyright act.
There are some steps which company can follow for copyright a script
Step 1 : Register to the copyright office / Electronic system (online registration)
Register the work in the copyright office and follow the procedure. The office also has an
online system called as eCO which allows the applicant to register copyright electronically. It
47

can be also registered through mail . Although the electronic registration cost less and is quickly
processed.
Step 2 : Full filling of the application
By applying through mail download the application and fill the required information but
if applying through eCO system, log in and complete the application online to copyright script or
copyright screenplay.
Step 3 : Payment procedure
If applying or registering online, pay by credit card or debit card and if registering by
mail payment through check and money order.
Current copyright registration costs between $30 - $60 for online registration and for paper
application $90.
Step 4 : Submission of the application
Send a copy of the script with the application to the copyright office. The requirement for
doing this is to check the script whether it is published or not published. For a copyright of the
movie script must have an unpublished scripts.
If registered online, upload a copy of the unpublished script. Must upload the script according to
the file type and size mentioned on the site.
Step 5 : Registered successfully application in process.
If submitted application online, a confirmation mail will be delivered. The copyright
office does not send confirmation to mail applicants.
Will receive a conformity by the copyright office if there are questions related to the application.
Either wait for several months for a copyright registration if applied online, and about a year if
applied by mail.
48

Personal development
The present dissertation is based on analysing the factors that affect copyright and
intellectual property right during movies composition. It is very effective for me because it helps
in enhancing my different skills and knowledge related to the intellectual property, copyright and
its effectiveness. There are many problems which I face at the time of carrying out research
because of weak skill. Firstly, my time management skill was developed because I understand
the way to manage work on time. Further, I face problem in making decision while selecting the
research techniques for carrying out entire research. Further I analysed that qualitative
techniques is effective for the present research so that entire dissertation can be gone on the basis
of theoretical aspects. I take suggestion from my tutor so that it become easy to identify which
sources for collecting the information. Some time it becomes difficult to manage my time in that
condition my mentor help me the way of completing each chapter. My learning skill is also
enhanced which will be very helpful for me to learn in different areas of study. Experience which
I gain in making this research is good and it creates deep understanding related to present topic.
Skill which is developed through carrying out entire research will help in carrying out further
studies.
49

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