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Hollywood in India : Protecting
Intellectual Property (A)
Khuman Vijay C
Korgaonkar Maitreyee
M Prasanna Kumar
Neha Hajela
Nitin Nagori
Phanindra Kumar J
Subhanan Sahoo
Group 9 Section F
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Case Facts
Bollywood industrylargest in the world , producing
over 1200 films and 4,20,000 people employed andselling 3 billion tickets.
Hollywood studios interested in tapping this vast
market Investment of over $100 million made in production
and distribution of films between 2007 and 2009
Major studios investing in India Sony Pictures
Walt Disney Pictures
Warner Brothers Studios
20thCentury Fox
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Problems faced by the Industry
Despite millions in investment , not muchof success
Hollywood studios not yet released anymajor hits
Lowerturnover
Unauthorized reproduction and distribution of movies
Controlling print theft challengingTheatres operatedas singlescreen, owner operated establishments
DVD Piracy a major cause of concern due to highprofit margins
Loss due to piracy estimated around $150 million forthe music industry and $180 for the film industry
Piracy
Use or close imitation of someones work without
obtaining rights
Many cases in the Bollywood industry like - Yeh Dillagi, Akele Hum Akele Tum , Kaante etc
Lack of stringent rules on Palagiarism
Plagiarism
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Copyright Laws in India
Problems Faced
Observer test done in order to testfor copyright violation
Lack of adequate number of judges
No clear laws for copyrights onlocalized adaptations ofinternational materials
Royalty payments denied formusicians and composers
Police unable to gauge whethercamcorder piracy was covered in the
Copyrights Act
Copyrights protected by Copyrights Act of
1957
Scope of Act broadened through various
amendments
1984Copyright made a
cognizable offense
1994extended protection to
software
Minimum punishment of copyright
imprisonment up to 6 months and fine of
$1000
Second and subsequent conviction
minimum imprisonment of 1 year andfine of $2000
Motion Picture Association of America
(MPAA) pushing for more stronger anti-
piracy laws
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Fox Star Studios
A Jointventure
between Asias
Star Televisionand 20th
Century Fox
Upcoming film My Name is
Khan investment of$22 million on
Globaldistribution
rights and $12million on
production ofthe movie
Issuesregarding
comparison ofthe movie
with ForrestGump
Problemsregarding
guarding ofthe movie
againstCopyright
infringementsand Piracyproblems
raging in thecountry
Should the
movie bereleasedlargely in
digital formator confined tothe traditionalanalog format
Should themovie be
released inlarge number
of prints
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Alternatives
Single Global release of the Movie
Release more digital prints
Go for measures to reduce online piracy
Sell the distribution rights to other company
Invest in Anti-piracy activities
Invest in newer technology
Fox star has to decide its strategy for the release of My Name is
Khan considering the prevalent piracy issues in India and find
effective means to protect its intellectual property
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Key Stake Holders
Fox Starstudios
TheatreOwners
Distributors
Movie Crew
Producers
Audience
Government
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Evaluation of alternatives This would reduce the incidence of camcorder piracy
It would maintain the interest in the movie amongcustomers across the globe
Single Global release of theMovie
This ensures in reducing incidence of piracy due to lossof prints
It would also put a tab on theatre owners to stop usingpirated reels
Release more Digital prints
This accounts for major piracy especially abroad Fox star could develop its own team to tackle internet
piracy or hire professional services
Go for measures to reduceonline piracy
This can help in mitigating the risk. However it wouldalso mean loss of revenue and hence a not an attractiveoption
Sell the distribution rights toother company
In the long run this will help in Fox stars interest and the
industry in generalInvest in Anti-piracy activities
This would help in reducing piracy and is also a long termoption for Fox StarInvest in newer technology
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Other Measures
Fox star should also investigate in to the allegations regarding the
similarity of the movie with Forrest Gump and try to solve the issue(Legal Implications)
It can reduce the DVD prices in order to tackle DVD piracy problems
Ensure the ease of availability of CD/DVD to the customers so thatthey dont resort to pirated versions
Fox star should monitor the theatre owners in order to prevent theftof reels or piracy
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Suggestions
Short Term
Go for single date global release
Release larger number of Digitalprints
Go for online piracy control
Long Term
Invest in anti-piracy activities
Invest in customer education Go for technological innovation
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IMPLEMENTATION PLAN
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Single global release of the movie
Phase 1 (Back Office Implementation)
1) Decide the countries of release
2) Decide the various languages of release within thecountry.
3) Estimate the number of prints needed in Indian andworldwide.
4) Estimate the domestic and international budget based onthe prints.
Phase 2 (On field Implementation)1) Collaborate and coordinate with different distributors.
2) Decide on the global release date.
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Single global release of the moviePhase I
Title of Phase: Back Office Implementation
Description of Phase: All the basic estimations about languages, countries, budgets are done here.
Deliverables Estimated Due
Date
Actual Completion Date
1. Decide the countries of release 04 January 2010 Date1
2. Decide the various languages of releasewithin the country. 06 January 2010 Date2
3. Estimate the number of prints needed in
Indian and worldwide.
09 January 2010 Date3
4. Estimate the domestic and international
budget based on the prints.
12 January 2010 Date4
BenefitsEstimated Level of Benefit Actual Level of Benefit
Gives the idea whether it makes logical to proceed
with worldwide single global release date.
Recommended Changes for Next Phase
Create strategies fro each geographic locations determined. Try to identify top players in the Piracy
control and security firms so as to hire a professional team.
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Single global release of the moviePhase II
Title of Phase: On field Implementation
Description of Phase: The field work needed to make a worldwide release are implemented.
Deliverables Estimated Due
Date
Actual Completion Date
1. Collaborate and coordinate with different
distributors.
20 January 2010 Must be on the same date
2. Hiring of Online anti-piracy professionals 08 February 2010 Date2
Benefits
Estimated Level of Benefit Actual Level of Benefit
NA NA
Recommended Changes for Next Phase
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Go for measures to reduce online
piracy and invest in anti-piracy activities
Fox star could develop its own team to tackle internet piracyor hire professional services
1) Create a team consisting of fox star studios, other productionhouses, police and professional services firms.
2) The team works in collaboration with the cyber crime division
and monitor the websites that host the pirated versions of themovies.
3) To help the team, invest in technologies similar to web spidersthat crawl over the internet to find the pirated versions of themovies.
Pressurize the government for stringent anti-piracy laws1) Lobbying with government to pass strict regulations on online
piracy.
2) Increase the severity of the punishments
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Invest in newer technology
Invest in read only DVD and Blu Ray technologies.
1) Invest and create a team and collaborate with DVD/Blu Ray manufacturingcompanies to develop read only techniques.
Invest in online piracy website detection software.1) Invest and create a team and collaborate with software companies like
TCS, Wipro to develop software which can detect websites which host
pirated copies.2) Once found hand over such cases to the cyber crime division of thestate.
Invest in technology that needs offline or online activation of theDVD/Blu Ray before playing the movie.
1) Burn software onto the DVD/Blu Ray which asks for authentication viainternet and runs only if validated by the website created specially tovalidate such genuine copies.
2) For users who do not have internet, burn a code onto every DVD/BluRayand then invest in a program that self authenticates the DVD/Blu Raybefore runnig the movie. The code should be protected in such a waythat it cannot be copied via image creation software.
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Release more digital prints
Create a marketing team which explains the theatre owners
about the benefits of shifting to digital technologies and alsooffering them discounts from the costs saved on creating a
digital print when compared to analog prints.
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Thank You!!!
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