Film Copyright Law Uncertainty Hits Colourised Classics Monetisation

MEDIA-AND-ENTERTAINMENT
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AuthorRiya Kapoor|Published at:
Film Copyright Law Uncertainty Hits Colourised Classics Monetisation

India’s 60-year film copyright rule creates revenue risks for media companies investing in costly colourisation projects. With these assets at risk of entering the public domain, industry players are calling for legislative reform to protect their intellectual property and ensure long-term commercial returns.

The Indian media and entertainment industry is currently navigating a significant legal challenge that threatens the commercial value of classic films. Under the Indian Copyright Act of 1957, copyright protection for a film expires 60 years after its release. Once this period ends, the film enters the public domain, meaning the original owner loses exclusive rights to distribute or monetize the content. This rule is causing anxiety for production houses and media companies that invest heavily in restoring and colourising black-and-white classics to keep them relevant for modern audiences.

Restoring and colourising an old film is an expensive process, with costs often ranging between ₹50 lakh and ₹1 crore per title. Companies like Shemaroo Entertainment, Prasad Corporation, and NH Studioz rely on the ability to exclusively license these enhanced versions to OTT platforms, FAST channels, and international distributors. However, when the underlying copyright of the original film expires, the legal status of the new, colourised version becomes murky. Experts argue that if the original work is public property, it is unclear whether the creative effort involved in colourisation qualifies for separate copyright protection, or if the original owner’s exclusive claim effectively evaporates.

This legal ambiguity creates a direct business risk. If media companies cannot establish exclusive ownership over their colourised interpretations, they face the risk of competitors releasing or monetizing similar versions without authorization. This makes it difficult for companies to justify large capital spending on film restoration, as the return on investment depends entirely on the ability to protect the intellectual property. Legal experts note that since colourisation is treated as an interpretation of the original work, similar to how different creators might adapt a classic story, it is difficult to distinguish the new creative contribution from the expired original.

To address this, industry leaders are pushing for a government policy overhaul. There is a formal proposal to extend the copyright term for films from the current 60 years to between 70 and 95 years, bringing India in line with global intellectual property standards. Proponents argue that such an extension is necessary not only to protect commercial interests but also to incentivize the ongoing preservation and restoration of India’s cinematic heritage.

For investors in the media sector, the key monitorable will be any movement on these legislative reforms. Until the legal framework provides clarity, the monetization potential of library content, particularly classic black-and-white films, remains subject to regulatory risk. The ability of companies to maintain their margins on legacy content will depend on how the government defines the rights of creators who invest in derivative works like colourised versions.

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