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THE HINDI FILM INDUSTRY AND THE TREND OF REMAKES
The Hindi film industry has, over the years, been recognized for its ability to remake films inspired by both regional cinema and Hollywood. Now, the forthcoming “Loveyapa”, directed by Advit Chandan, releasing on 7 February 2024, is an adaptation of the Tamil movie, “Love Today”. By the look of the trailer, it looks like a frame-to-frame copy and thus typifies Bollywood’s obsession with reproducing the heart and the tics of the original. Remakes have become a staple in Bollywood, driven by various motivations. Some are helmed by the same directors or producers to tailor the story for a wider audience, while others are purely a commercial endeavour. Certain remakes are labelled as adaptations, where filmmakers retain the original storyline but often introduce a new ending or an impactful scene, considering the audience’s demands and trends, to add their unique flavour.
But not every remake hits the jackpot. The recent Hindi remake of the Tamil hit movie “Theri” got hyped presuming it to be Varun Dhawan’s career-defining movie; unfortunately,y it flopped at the box office despite sharing the same director and producers. This begs an interesting question: what actually fuels the industry’s remake craze, and where does the equation get struck between creativity and commercialization?
THE REMAKE PHENOMENON IN BOLLYWOOD: A DOUBLE-EDGED SWORD
In the last decade, the Indian film remake trend, especially in Bollywood, has been a leading phenomenon, influencing box office dynamics as well as the creative face of the industry. What was initially seen as a sure-fire recipe for box office success, the remakes have turned out to be a double-edged sword. While there were some like “Kabir Singh” (a remake of “Arjun Reddy”) that were huge hits, there were others like “Jersey” (the remake of the “Jersey” in Telugu language) and “Nikamma” that were not up to expectations. This is where the lack of uniformity of remakes reflects on the difficulties in translating the same idea (core story or theme) into a different expression (presentation and cultural context). This has been referred to as the idea-expression dichotomy, which points to the difficulties of reinterpreting given stories and keeping them appealing to different kinds of audiences.
FINANCIAL STAKES: THE HIGH COST OF REMAKES
Remakes are often linked with large financial issues. Producers invest a great deal of money constructing star-studded casts, acquiring the rights to original movies, and marketing them as spectacular productions. While some remakes are successful in generating strong emotions among viewers and creating profits, others fail to meet their huge budgets and incur large losses. In large part because of their universal themes and emotional resonance, South Indian movies like Drishyam and Arjun Reddy have been successful in Bollywood. Many others, however, struggle to successfully adapt these subjects for a Pan-Indian audience, which results in poorly received box office releases. Whether remakes can continue to be a viable paradigm for Bollywood’s commercial success is raised by this disparity.
CREATIVE CONSTRAINTS FOR DIRECTORS
For directors, remakes present both challenges and constraints. Remakes, on one hand, minimizes the risk of failure by providing the possibility of working with existing plots and characters. On the other hand, remakes place a lot of creative constraints. To make the remake attractive to a new generation of audiences, directors are often forced to walk a thin line between remaining faithful to the original plot as well as bringing their own unique touch to the movie. This is particularly challenging, and the director’s credibility as a creator suffers when a remake flops because they are often blamed. Furthermore, filmmakers working on remakes extensively risk being stereotyped, limiting their ability to experiment with new ideas. The industry can be flooded with ideas as a consequence of such limitation, suppressing innovation and lowering opportunities for it.
THE IMPACT ON BOLLYWOOD’S REPUTATION
Increasing criticism of Bollywood’s unoriginality has been provoked by the industry’s excessive dependence on remakes. The growing popularity of South Indian cinema, which has consistently churned out innovative, high-quality films that have been well received by critics and audiences alike, fuels this criticism. Not just in India but also globally, movies such as RRR, Pushpa, and KGF have received acclaim for their engaging narratives, cultural authenticity, and epic storytelling. Bollywood remakes, however, have been perceived as uninspired and redundant, which has resulted in an increasing disconnect with audiences. Audiences now demand more from Bollywood movies, especially remakes, which often fail to deliver the same emotional and cultural richness, due to the deluge of original content from South Indian cinema.
CULTURAL TRANSLATION: THE CHALLENGE OF REMAKES
One of the biggest challenges of remakes is translating the cultural and emotional essence of the original films, particularly when those films have strong regional connections. Bollywood remakes, for example, often fail to replicate the emotional intensity of South Indian films such as Sairat and Vikram Vedha. Consequently, stories get watered down and cannot emotionally connect with the audience. When films are remade for a wider, Pan-Indian audience, the cultural specificity that makes the originals so beloved is often lost. This underscores the importance of sensitive adaptation; where reimaginings must respect the original while making the necessary adjustments at the same time, to suit the tastes and sensibilities of a broader audience.
LEGAL CONSIDERATIONS FOR FILM REMAKES
Bollywood remake films involve navigating the complex array of intellectual property (IP) laws and legal obligations to avoid conflicts. Acquiring adaptation rights, licensing agreements, and compliance with copyright, moral rights, and other legal compliance are all required for a remake. These are all part of ensuring that the remake is respectful of the original work and adheres to the law.
Films are considered original works under Section 13 of the Indian Copyright Act, 1957, and the copyright is owned by the producer. In order to remake a film, one needs to obtain adaptation rights from the copyright owner. For instance, with the acquisition of the necessary rights for the 2019 official remake of Telugu film Arjun Reddy, the filmmakers of Kabir Singh, abided by these conditions. Unauthorized remakes can breach copyright and give rise to legal conflicts. A proper licensing agreement that outlined the terms, royalties, and scope of the remake was also utilized to ensure adherence to the Hindi version of Drishyam 2. By eliminating any ambiguity that can create conflicts, such agreements protect all parties.
It’s also important to provide credit to the original creators of the work. Moral rights under the Copyright Act require that the original creators be given proper credit. For example, Bhool Bhulaiyaa (2007), which was an adaptation of the Malayalam film Manichitrathazhu, set a good precedent by providing credit to the original creators. Conversely, moral rights can be infringed and legal actions can arise from making significant changes to the plot or from not providing credit to the original creators.
Remakes also have to consider title and trademark protection. Titles can be trademarked, and claims of infringement can arise out of their use without permission. For instance, through the grant of necessary permissions and compliance with both trademark and copyright laws, Singham (2011), the Bollywood remake of the Tamil film Singam, was successful in retaining the same title. In addition, as seen in cases like Udta Punjab (2016), where cultural sensitivities caused legal issues, modifications to the plot or characters of remakes must avoid defamatory or offending representations.
Both national and global intellectual property laws need to be respected in the case of international remakes of films. For legal compliance on a trans-jurisdictional level, the Bollywood movie Players (2012), was a remake of The Italian Job (2003), acquired the necessary international adaptation rights. Remakes that are not authorized legally are often a source of legal trouble. For instance, even though the novel A Kiss Before Dying had been the source of inspiration for Baazigar (1993), controversy was caused by not acquiring rights.
The “fair use” doctrine is occasionally used by directors to justify remakes, but it is seldom applicable in commercial activities. An example of this is the 2013 remake of Zanjeer, where the original writers alleged their work was being used without their consent. In such cases, courts generally favor open agreements over fair use defenses.
Bollywood remakes must comply with the law to avoid moral rights infringement, trademark disputes, and copyright infringement. Producers can overcome the legal challenges of remaking movies by securing proper license agreements, crediting the original creators, and ensuring that cultural and jurisdictional considerations are adhered to. It is important for producers to adopt legal and transparent methods as audience awareness grows and IP regulations keep evolving.
Remakes are a common practice in the industry, but they are not without controversy, particularly when it comes to copyright and intellectual property concerns. One can gain a deeper understanding of the changing dynamic between inspiration, innovation, and ownership in film by examining well-known instances of remakes and the legal disputes that surrounded them.
Magadheera v. Raabta
A major problem in the entertainment industry was highlighted by the copyright infringement lawsuit involving the Telugu movie Magadheera and the Hindi film Raabta: the narrow line separating flagrant theft from creative inspiration. The plaintiffs claimed that there were significant parallels in the premise of Raabta and that it copied heavily from Magadheera. Reincarnation, two timelines (one set in the mediaeval past), and a love triangle involving a major antagonist are all explored in both movies.
These components served as the plot’s cornerstone in both movies, leading to claims of plagiarism. But the case also brought to light the difficulty of preserving popular narrative devices that are frequently employed in many storytelling genres, such as reincarnation and historical settings.
The suit was eventually withdrawn under Order 23 Rule 1 of the Civil Procedure Code, which allowed the parties to settle amicably rather than engage in a prolonged legal battle. Such resolutions are not uncommon in the entertainment industry, where avoiding public disputes and ensuring timely releases often take precedence over litigation.
Partner v. Hitch
The story of Alex Hitch, a professional “date doctor” who assists men in wooing women, is told in the 2005 Hollywood movie Hitch. Hitch falls in love with gossip columnist Sara while helping one of his customers, Albert, court Allegra. Sara is kept in the dark about Hitch’s job, but she ultimately finds out and publishes an expose, which causes her, Allegra, and Albert to break up. Ultimately, Hitch clears up the confusion, saves Albert’s relationship, and reignites his passion for Sara.
Partner, a Bollywood film released in 2007, is remarkably similar to Hitch. In this movie, a love guru named Prem assists his client Bhaskar in winning over his employer, Priya. Tensions and misunderstandings arise when Naina, another character, learns about Prem’s line of work and exposes him. Similar to Hitch, the story concludes happily with Prem making amends with Naina and facilitating the reunion of Bhaskar and Priya.
The creators of Hitch, Overbook Entertainment and Sony Pictures, contemplated suing the makers of Partner for $30 million because to the nearly identical plots. Despite the issuance of cease and desist orders, the legal discussions gradually dwindled.
Sri Sai Ganesh Productions & Ors. v. Yash Raj Films Pvt Ltd. (2019)
The Bollywood movie Band Baaja Baaraat was at the center of a copyright infringement case. Yash Raj Films, the plaintiff, alleged that the defendants copied the plot, screenplay, and presentation of their movie in the film Jabardasth, starring Samantha and Siddharth. The plaintiff argued that Jabardasth bore striking similarities to Band Baaja Baaraat, thereby infringing upon its copyright.
The court applied the R.G. Anand test, a legal benchmark for determining substantial similarity in copyright cases, and found that the defendants’ work did indeed violate the plaintiff’s rights. The court ruled in favor of Yash Raj Films, reaffirming the principle that remakes or adaptations must obtain express consent from the original copyright holders, as mandated under Section 14(d)(i) of the Copyright Act, 1957, even if the original recordings are not directly replicated. This case underscored the importance of respecting intellectual property rights in the entertainment industry.
Thiagarajan Kumararaja v. Capital Film Works (India) Pvt. Ltd. (2017)
Thiagarajan Kumararaja, the film’s writer-director, and Capital Film Works, its producer, were at odds over the movie Aaranya Kaandam. The production was given a restricted licence to use the author’s script for one movie, but they were not allowed to manufacture remakes or versions that were significantly similar.
The Supreme Court decided that the producer’s rights were restricted to the original movie and that the writer kept copyright over the script. The court explained that making remakes or other versions of a film is not always covered by the right to copy it under Section 14(d)(i) of the Copyright Act. This decision set a crucial precedent by stating that producers need to have clear contracts from the original creators for the remake rights.
S.S. Chakravarthy & Ors. v. S. J. Suryah (2021)
The Madras High Court addressed a dispute over the remake rights of the Tamil movie Vaalee. The court, citing Section 17 of the Copyright Act of 1957, ruled in favor of the producer, affirming that producers hold a proprietary interest in remake rights as the original owners of the copyright in cinematographic works.
The judgment clarified that while screenwriters retain copyright over their individual screenplays, the producer owns the copyright to the film as a whole. This distinction ensures that producers can legally distribute remake rights, provided there are no conflicting agreements with the original author or creator. The decision reinforced the producer’s pivotal role in managing the intellectual property of a film, including its adaptation and distribution rights.
CONCLUSION
In summary, Bollywood remakes must comply with the law to avoid moral rights infringement, trademark disputes, and copyright violation. Producers can surmount the legal challenges of remaking movies by acquiring suitable license agreements, crediting the original creators, and ensuring that cultural and jurisdictional considerations are adhered to. Producers must adopt legal and transparent processes as IP regulations continue to evolve and public awareness grows.
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