Shadows of Ownership: The Timeless Struggle of Scriptwriters

Authors

  • Uttam Kumar Gupta Rajiv Gandhi School of IP Law, IIT Kharagpur, Kharagpur - 721 302, India
  • Padmavati Manchikanti Rajiv Gandhi School of IP Law, IIT Kharagpur, Kharagpur-721302. West Bengal, India

DOI:

https://doi.org/10.56042/jipr.v31i3.29995

Keywords:

Confidentiality, Creative Protection, Copyright, Idea-Expression Dichotomy, Intellectual Property, Infringement, Scriptwriters

Abstract

Script writing is a dedicated activity of a film or a play. For Indian screenwriters, however, this very spark often becomes their greatest risk. While copyright protects the written script or screenplay, the basic idea remains vulnerable, especially during the delicate stages of casting and development. In today’s fast-changing creative world and enhanced use of visual media, script writing has evolved beyond its standard steps and forms. Competitive industry practices, global streaming platforms, use of artificial intelligence are reshaping authorship, and the gap in the protection of scriptwriters rights seems wider than ever. This paper examines how India’s copyright law and judicial decisions have dealt with this dilemma, revealing the uncertainties that still put writers in a precarious situation. Further, it analyses the practical safeguards, use of copyright registration, negotiating clear contracts, and turning to the often-overlooked remedy of breach of confidence. The findings of the study call for a systemic reform and a reminder that storytellers deserve protection and the approaches.

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Published

2026-05-14

How to Cite

Shadows of Ownership: The Timeless Struggle of Scriptwriters. (2026). Journal of Intellectual Property Rights (JIPR), 31(3), 423-435. https://doi.org/10.56042/jipr.v31i3.29995

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