A Critical Study of Copyright and Competition Law Challenges in the Indian Entertainment Industry

Abstract

The Indian Media and Entertainment industry and specifically the Film industry is often under the radar of the competition agencies as copyright issues are always entangled with anti-competitive activities prevalent in the industry. Most of the cases arise from the control exercised by film associations exercising a great hold on the working of the industry by engaging in coordinated activities against the third parties and being anti-competitive in nature. Equally crucial is the examination of anti-competitive conduct in the form of entering into restrictive agreements and abusing the dominant position by the stakeholders of the industry. The study examines how the provisions of Copyright and Competition Laws affect the overall working of the entertainment industry especially the film industry and the interplay between various stakeholders. Also, the objectives of copyright law are not inherently in conflict with the goal of competition law as both the systems may choose different paths to reach the same goal of maximizing consumer welfare and efficient distribution of resources. However, the Competition Commission of India can often face cultural and linguistic disputes requiring formulation of clear guidelines based on diligent assessment as to the application of Competition Law to the disputes related to entertainment industry.