Intellectual Property Rights in The Indian Entertainment Industry: Emerging Issues in Music, Cinema and OTT Platforms

Abstract

Abstract India’s entertainment economy increasingly depends upon digital circulation, platform licensing and data-driven distribution. Music is consumed through streaming services, films move rapidly from theatres to online platforms, and over-the-top services commission, acquire and exploit content across multiple territories. These developments have expanded audiences and created new markets, but they have also exposed structural weaknesses in the protection and administration of intellectual property rights. This article examines emerging copyright and related-rights issues affecting music, cinema and OTT platforms in India. It adopts a doctrinal and analytical method, relying on the Copyright Act, 1957, the Copyright (Amendment) Act, 2012, the Information Technology Act, 2000, the Cinematograph Act, 1952 as amended in 2023, relevant rules, international instruments and judicial decisions. The article argues that the principal difficulty is not the absence of rights, but the fragmentation of ownership, licensing and enforcement. A single song or film may contain separate rights in lyrics, composition, sound recording, screenplay, performance, artwork and the audiovisual work itself. Digital exploitation further divides these rights by territory, language, duration, device, subscription model and mode of communication. Disputes therefore arise over royalty sharing, statutory licensing, online streaming, platform liability, piracy, synthetic performances, voice cloning and the commercial use of celebrity identity. Indian courts have responded through intermediary-liability principles, dynamic injunctions and personality-rights remedies, yet the legal position remains uneven in relation to generative artificial intelligence, transparent royalty accounting and cross-platform licensing. The article recommends clearer digital licensing standards, auditable royalty systems, stronger collective management, proportionate notice-and-action procedures, technologically informed anti-piracy remedies and a consent-based framework for artificial intelligence uses of voice, likeness and performance. A coherent approach must protect creators and performers without imposing indiscriminate liability on legitimate intermediaries. Such balance is necessary to sustain cultural production, promote lawful digital markets and preserve public access to diverse entertainment in India.