Intellectual Property Laws For OTT Platforms

OTT platforms and the online entertainment industry has got their pace after the Covid outbreak. Several changes happened with the development of the OTT platform, earlier the platforms were releasing the previously published content, and now the platforms are generating fresh content. This shows that the platform is moving forward and exploring various development opportunities. There is a shift that the industry going through. Due to all these developments, the industry is experiencing growth and recent research presents the same.

The Indian entertainment industry is one of the largest industries with around 1,500 to 2,000 pieces of content released in more than 20 languages. As per the data, the media and entertainment industry has a value of USD 28 billion and is supposed to get a value of around USD 100 billion by 2030. These over-the-top platforms or OTT platforms are quite a flexible choice for those who are interested in watching movies, series, and documentaries at their convenience.

As per the recent research by PwC’s Global Entertainment and Media Outlook 2022-2026, the video service is expected to become an industry of around 21 crores by 2026. The exponential growth is all due to the ease of data access, increase in the use of electronic devices, storage facility and ease while transferring the content, Intellectual property laws turn quite crucial for the Indian entertainment industry.

IP Laws And Regulations For OTT Platforms

As per the prevailing industry practice, the OTT platforms namely Netflix, Amazon Prime Video, Hotstar, etc. came into an agreement with various production houses to get the exclusive rights to host, distribute, and broadcast the content over the internet. under an agreement with various production houses, to host, distribute and broadcast content over the internet.

There are two types of intellectual property deals for the content creation and production vis these production houses which includes:

  • Licensing deals when the production house licenses out its IP to the broadcaster to create a final product.
  • Co-production deals when the production house coordinates with the broadcasters and the broadcasters decide what type of content they are willing to produce and when they want to produce it.

Apart from this, many other developments are taking place in the industry including the coming of the present production house in the digital entertainment arena including Red Chillies Entertainment and several others.

Relevance Of IP Rules For OTT Platforms

Any direct infringement of the content comes under the copyright act, of 1957. Section 2 of the copyright act of 1957 defines the terms in which 2(m) defines the term “infringing copy”. While on the other hand, section 26, 27, and 29 defines the terms of copyright that includes the OTT content as well.

A direct infringement is initiated when the OTT platforms could lead to civil or criminal liability under section 51 of the act. This section considers the unauthorized posting of the content as an infringement.

Another crucial rulebook for OTT content is Information and Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The said rules put down strict Grievance Redressal Mechanism. It made it crucial for publishers to appoint Grievance Officers to receive complaints and resolve them as soon as possible. The Office is bound to respond to the complaints within 24 hours and shall resolve them or pass an order within 15 days of the complaint.