US Chamber Of Commerce: Bollywood Is So Successful Without Strong Copyrights That It Will Fail Unless India Strengthens Its Copyrights

from the wtf? dept

The US Chamber of Commerce, the giant lobbying organization who led the fight for SOPA/PIPA, is apparently so invested in "must have stronger copyright laws" that it doesn't even bother making sense any more. It's released a bizarre statement claiming that India needs stronger copyright laws, because Bollywood is so successful. Right upfront, it notes how successful things have been:
Boasting the largest film industry in the world, the creative sector lies at the heart of the Indian culture and economy. As one of India’s largest employment sectors, an endless array of local professionals from technical, theatrical, and creative backgrounds are helping churn out 1,000 films in more than 20 languages annually.
You'd think those are signs that copyright law was working (largest film industry in the world, largest employment sectors, over 1,000 films produced annually -- about double Hollywood) and that this would imply that whatever level of copyright there is in India -- which is supposed to be an incentive to creativity -- was doing a decent job. But, no, apparently it's all broken.
The government, however, must improve national intellectual property (IP) laws and enforcement if it is going to seize on this opportunity and gain recognition in the global market and further empower local creators.
Hmm. Wait, you just said that it's the world's largest film industry and an unqualified success. So, why does it need to improve those laws and enforcement?
Specifically, Indian copyright law is unclear with the 2012 Copyright Act amendments further complicating and contradicting previous rule of law. Furthermore, the 2012 Act provides for broad exceptions that are incompatible with international norms. Also measuring relatively loware enforcement efforts, which are weak in application and don’t provide widely available civil and procedural remedies for copyright infringement.
And, yet, this laxity incentivized the creation of nearly double the films that Hollywood produces. Perhaps -- and I'm just suggesting things here -- the "international norms" and the higher levels of enforcement are holding back the industries elsewhere. If anything, this report seems to suggest that other countries should move towards broad exceptions, since it appears to have been quite successful in India.

Furthermore, much of the paper seems to suggest that India needs to fix its copyright laws to embrace the international opportunity for its films -- but that (again) makes no sense. India's IP laws don't apply outside of India, so they have no impact on the international opportunities, which are governed by other IP laws. And, again, if the industry is doing great in India (with little enforcement and greater exceptions), doesn't this indicate that India should push for the same elsewhere to better embrace that international opportunity?

It's quite a world in which the US Chamber of Commerce seems to be arguing that an example of a success story should lead to that successful model emulating less successful markets. I don't know how much money the MPAA pays the US Chamber of Commerce for these kinds of pieces, but it's not getting its money's worth.

Filed Under: bollywood, copyright, india, success
Companies: chamber of commerce


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  1. icon
    ECA (profile), 1 Aug 2018 @ 4:24pm

    Re: Re: Re:

    So.
    consider a movie industry that controls every thing, from the Creation of the movie, even with changes so they DONT copy a Book directly, making changes.. To the Audio engendering, sipping, handling, ALL distribution(if they dont have a contract with the corp, they WONT get the film, until its out of Circulation).. Then over charging for everything from beginning to END, avg salary for a Hair care person is about $1000 per day.(Iv had friends work for the industry)
    KNow how they ship the movies around, BEFORE digital?? LIBRARY CLASS MAIL..REALLY CHEAP.. but its a great write off.

    The movie corps got a big WIN, in WWII with our gov. To produce Propaganda films, and OTHER things since. Some MAJOR IRS savings...and they are abusing it, ALLOT..

    Corps int he USA have a strange concept that Profit and loss based on Estimates WORK when talking to the IRS. And Movie figures are based on World wide distribution..
    Then showing that they have contracts to pay out to the actors PER showing, gives them leeway to keep ALLOT of the profits..

    I hope you know that the IRS has major problems tracking ANY corporations taxes..There computers are history, and no REAL updates have been done in over 20 years for the software.
    (one reason why they go after Citizens before the corps, and when they DO go after the corps, its YEARS after.)

    Good luck have fun..

    And your references are for Bollywood..but understand...THAT'S LOCAL DISTRIBUTION.. They wont make anything in the USA unless they hook up with the Distribution system in the USA...MPAA/RIAA...there is NO international trademark system..

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