If you are stuck in such a situation, here is what to do.

A production house, “CineVisions Pvt. Ltd.,” based in the city of Navapura, recently collaborated with an up-and-coming actress, Ms. Riya Sharma, for a new web series. The production went smoothly, but after the shoot, the producers realized they had not executed a formal written agreement. They now want to create a legally binding contract to ensure they are the sole owners of all the footage and content created. They need clarity on how to draft a contract that grants them exclusive rights to use, edit, distribute, and even remove the content, with Ms. Sharma’s explicit consent, preventing any future disputes over ownership or usage.

Advice in such cases

When collaborating with artists, models, or any talent, a formal, written contract is not just advisable; it’s essential. It protects both parties by clearly defining the rights, responsibilities, and remuneration involved. An oral agreement can be legally valid but is incredibly difficult to prove in court, leading to protracted disputes. A well-drafted contract serves as the foundation of the professional relationship.

• Define the Scope of Work: Clearly outline the project, the artist’s role, the number of shooting days, and the specific content to be created.
• Clarify Ownership and Rights: The contract must explicitly state who owns the final content. A “work for hire” clause is crucial for the producer, as it transfers all intellectual property rights from the artist to the producer.
• Specify Usage Rights: Detail how and where the content can be used (e.g., social media, OTT platforms, television, print). Specify the duration (in perpetuity) and territory (worldwide) of these rights.
• Outline Compensation: State the exact payment amount, payment schedule, and method. Include terms for any additional compensation for overtime or extra work.
• Include a Release Clause: The artist must provide a release, consenting to the use of their name, image, and likeness in connection with the project and its promotion.
• Confidentiality and Non-Disclosure: Add clauses to prevent the artist from leaking any information about the project before its official release.
• Dispute Resolution: Specify the jurisdiction (e.g., courts in Navapura) and the method for resolving any disputes that may arise.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This situation is primarily governed by civil law, specifically contract and intellectual property law. Criminal laws like the Bharatiya Nyaya Sanhita (BNS) are generally not applicable unless there is an element of fraud, cheating, or criminal intimidation.

• The Indian Contract Act, 1872: This act governs the entire agreement, its validity, enforceability, and remedies for breach. Key elements like offer, acceptance, consideration, and lawful object are defined under this act.
• The Copyright Act, 1957: This is the most critical legislation here. It defines ownership of creative works. Section 17 of the Act is particularly relevant, as it contains provisions for “work for hire” agreements, where the employer or the person who commissions the work becomes the first owner of the copyright, provided there is a contract to that effect.

If you are the complainant

If you are the producer or the entity commissioning the work, your goal is to secure complete ownership and control over the content.

• Draft a Comprehensive Agreement: Do not rely on templates. Get a lawyer to draft a specific “Artist Agreement” or “Model Release Form” tailored to your project.
• Insist on a “Work for Hire” Clause: This is the most crucial clause to ensure that the copyright of the content vests with you, not the artist.
• Get Written Consent: Ensure the artist signs the contract before the project begins or, if done retrospectively, as soon as possible. The signature confirms their consent to all terms.
• Maintain Records: Keep records of all communications, payment receipts, and signed documents.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the artist or model, your objective is to protect your rights, ensure fair compensation, and control the use of your image and performance.

• Never Work Without a Contract: Do not start any project based on verbal promises. Insist on a written agreement and read every clause carefully.
• Understand What You Are Signing: Pay close attention to clauses related to ownership, usage rights, and perpetuity. If you sign away all rights “in perpetuity,” you lose control over that content forever.
• Negotiate Terms: You can negotiate the scope of usage. For example, you can limit the use of the content to a specific platform, for a limited time, or within a certain geographical area. You can also negotiate for royalties or additional usage fees.
• Ensure Clear Credit and Payment Clauses: The contract should clearly state how you will be credited and the exact terms of your payment.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police generally do not intervene in such matters as they are civil in nature. A dispute over contract terms or copyright ownership is not a criminal offense. You cannot file an FIR for a breach of contract. The police will only get involved if there are allegations of criminal acts such as cheating (Section 316 of the BNS), forgery, criminal intimidation, or obscenity. For contractual disputes, the appropriate remedy is to approach a civil court.

FAQs people normally have

• What if we only have a verbal agreement?
  A verbal contract is legally enforceable, but proving its terms is very difficult. The court will have to rely on witness testimony, email/chat records, and the conduct of the parties, which can be ambiguous. It is always best to have a written agreement.
• Can the model use the photos/videos for her own portfolio?
  This depends entirely on the contract. If the contract transfers all rights to the producer, the model cannot use the content for any purpose without the producer’s explicit permission. This right can, however, be negotiated and included in the contract.
• What happens if the producer uses the content in a way not agreed upon?
  This would be a breach of contract. The artist can file a civil suit for damages and seek an injunction from the court to stop the unauthorized use of the content.

What evidence is required?

In case of a dispute, the following evidence is crucial:

• The Signed Contract: This is the most important piece of evidence.
• Communications: Emails, text messages, or WhatsApp chats where the terms of the project were discussed.
• Proof of Payment: Bank statements, invoices, or receipts showing that the artist was paid for their work.
• The Content Itself: The final photos, videos, or film.
• Witness Testimony: Statements from other people who were present during the discussions or the shoot.

How long will the investigation take?

Since this is a civil matter, there is no police “investigation.” The process involves filing a civil suit in the appropriate court. The duration of a civil case can be lengthy, often taking several years to reach a final verdict. However, a party can seek immediate relief through an interim injunction, which can be granted by the court within a few weeks or months if a strong prima facie case is established. This can prevent the other party from using the disputed content while the case is ongoing.

Advocate Sudhir Rao, Supreme Court of India