Aspiring filmmakers often face numerous legal hurdles that can hinder their creative journey. From copyright issues to distribution rights, understanding the legal landscape is essential for protecting their work and ensuring fair opportunities. This blog explores the common challenges, valuable resources, and practical solutions to help filmmakers navigate these complexities confidently.

Legal Challenges and Observations

1. From your professional experience, what are the most common legal issues that aspiring filmmakers encounter?

I. The common and most expected faced by every filmmaker is Piracy or illegal download of a movie, prior to its release. So this causes a huge revenue loss to a film producer and the efforts by the filmmaker will be in vain. After a few days, platforms like Youtube, people can easily access the movie.

II. The next common issue faced would be, the filmmakers while using any song, background music, dialogue, art, fights, tunes, for their film, from any other source which is a protected work, they have to make sure its used fairly without any infringement, taking prior consent from the rightful owner.

III. In case, if its an age-old or not known to the current generation, then the filmmakers are advised to take proper permissions from the owner or include them in the work suppose if there is a folk song or Kalari fight practised in Kerala, they are age-old so either take permission or include whosoever has sung the song/ practicing the fight since many years, if ignored the filmmakers may face legal challenges.

IV. Now- a – days, the technology has occupied the majority space which includes the film industry, so the filmmakers are facing major challenges regarding unauthorized use of the protected content in their series or films. Exact copy or unauthorized use may lead to legal challenges, but the idea generated out of it are always protected. The main dispute arises when the ownership or the license is in question.

• • • Suppose if a series is already telecasted which was long ago for example FRIENDS so the OTT platform has to enter into an agreement with the actual studio and gain a license, and renew it. For this purpose the agreement should be strong, having stringent clauses, to protect the content creator from infringement. Suppose there can be a clause completely restricting the party not to use the protected work, or distribute it without prior consent from the owner.
    • If it is a film or documentary or cinema, and the OTT platform wants to stream it, then the platform must obtain the rights from the multiple holders like producers, singers, composers, lyricists, and dubbing artists. It’s sometimes a bundle of rights taken at a time or taken individually. In this context, the contract agreements must be strict leaving no scope for ambiguity and infringement.
    • The content creator can also restrict the use of the content in specific countries or territories and can object for its distribution or display in specific countries because of potential use of the work or the laws in other countries guarantee protection only for a limited period of time.

V. In case, if the movie is played all over the world then there can be a chance of potential misuse of the content, so the owner should register in different countries to protect their content.

VI. The advent of AI is easing the tasks of people, with its creative and innovative ideas, so the question might arise whether AI is the rightful owner or the creator who took ideas from the AI would be the owner? So far there is no proper law in India upon who holds the ownership, But from the actual meaning of Intellectual Property Rights and the works Protected by Copyright Act, 1957, only works which are generated from the “Human Mind” are protected.

2. In what ways do you think a lack of legal knowledge impacts young filmmakers and their creative projects?

Lack of legal knowledge can cause lots of violations from our side or infringements from the other side. So, there should be a thorough due diligence before starting any work.

In respect of films, the parties who are all involved must conduct a prior search, whether the work they want to use in their film is protected content or is in public access. If it is protected but without taking permission, it can cause copyright infringement.

Lack of proper contractual terms, which might lead to excess liabilities if breached. So, how strong the contract is in favour of the party, the much protection is available.

The mode of dispute settlement shall be clear; if unknown and seeks remedy only through court, then it’s a time-consuming process and costs more than expected.

Lack of knowledge with respect to who the ownership rights are, distribution and royalty rights.

3. Can you describe any particular legal barriers that you believe disproportionately affect aspiring filmmakers compared to established professionals?

Yes, mostly the aspiring filmmakers are new to the film industry, so they might not know how to deal with an immediate violation and Established filmmakers usually have legal teams or entertainment lawyers to guide them. Aspiring filmmakers often cannot afford this, leading to reliance on informal advice or risky shortcuts.. Mostly, as they are new, contract barriers are the main ones they face, like “Breach of Contract”.

Suppose, if they enter into a contract with an actor/ actress who is interested or it might be a well-known actor/ actress, so if they get a better offer or opportunity, they will leave the project in between causing loss to the filmmaker and the producer. So they have to mention in the contract clause itself, breaching the contract amounts to severe liability. If the contract clause is against them, then it’s a barrier, they cannot proceed further.

Sometimes, though they enter into- Non-Disclosure Agreement, still few actors/actresses will disclose the information to the public, leading to damage to the filmmakers. So in that case, in the contract, they can demand compensation.

Production insurance, location permits, and labour law compliance can be costly or complex, creating a financial and administrative burden for newcomers.

New filmmakers may not fully understand copyright, music licensing, or image rights. This can lead to unintentional infringements that delay or block distribution, especially at festivals or streaming platforms.

4. What are your thoughts on how intellectual property rights (e.g., copyright, trademarks, or music licensing) are handled by emerging filmmakers?

Filmmakers often use popular music, clips, or images, assuming it as "fair use" applies, not realising that even short or background usage can require licenses.

Failing to secure written agreements for original scripts, artwork, or collaborations can lead to ownership disputes later, especially if the project gains attention.

Many don’t realise they need both the sync license (for the song) and master license (for the recording), or they assume “royalty-free” means completely free of restrictions.

Some neglect to register their scripts or finished films with copyright offices, making it harder to prove ownership or take action if someone copies their work.

Legal Support, Resources, and Solutions

6. Do you believe current legal systems and regulations are supportive or restrictive for new filmmakers? Why?

India's legal system, in particular its copyright, trademark, and certification rules, is meant to safeguard creators, new filmmakers frequently find it to be restrictive because of the complexity and difficulty in navigating it. The majority of would-be filmmakers lack the resources or legal knowledge necessary to handle contracts, licensing, or content regulations. They thus experience exploitation, delays, or unintentional non-compliance. The legal system needs to become more inexpensive, accessible, and adapted to the needs of independent producers in order to be genuinely helpful. Creativity should be empowered by the law, not merely protected.

7. What types of legal support or resources do you feel are missing or insufficient for student and aspiring filmmakers?

Student and aspiring filmmakers often lack access to affordable legal consultation, standardized contract templates, and practical training on intellectual property rights, licensing, and content clearance.

Programs for legal literacy in film education are also lacking.

Many young innovators unintentionally expose themselves to financial and legal hazards at the beginning of their careers without these resources.

It is crucial to have a well-organized support system that includes accessible advising services, preventive resources, and legal education.

8. In your opinion, how could film schools or training programs better prepare students for the legal realities of filmmaking?

Film schools should integrate mandatory legal modules covering key areas such as copyright, contracts, censorship laws, and licensing.

Collaborations with legal professionals for guest lectures, workshops, and practical case studies can bridge the gap between theory and real-world challenges.

Providing hands-on experience with legal documentation and encouraging interdisciplinary learning with law schools would ensure that students graduate not only as creative artists but as informed and protected professionals.

9. What role do you think law firms or legal organizations could play in supporting early-career filmmakers

Law firms and legal organizations can play a transformative role by offering structured legal support to early-career filmmakers.

This may include pro bono advisory services, template-based legal documentation, and educational outreach through workshops and seminars on critical areas such as intellectual property, contractual obligations, and regulatory compliance.

Additionally, fostering institutional partnerships with film schools and creative incubators can ensure that legal safeguards are integrated from the earliest stages of a filmmaker’s career.

By serving as both educators and protectors, the legal community can significantly contribute to a more informed and secure creative industry.

10. Can you describe any programs, workshops, or partnerships you've seen (or would suggest) that effectively bridge the legal knowledge gap for filmmakers?

While a few initiatives by organizations like WIPO and Creative Commons offer valuable IP awareness globally, such efforts are limited in the Indian context.

To bridge the gap, I would recommend collaborative programs between law schools and film institutes, such as joint workshops, legal bootcamps, and simulation exercises focused on contracts and copyright.

Platforms like Keepitshort could also partner with legal professionals to host webinars, legal Q&A forums, and provide curated legal toolkits tailored to the needs of independent filmmakers.

These initiatives can significantly enhance legal awareness at the grassroots creative level.

Practical Experience and Collaboration

11. Have you personally worked with Aspiring or independent filmmakers? If yes, can you share any notable challenges or success stories (while maintaining confidentiality)?

We have not yet had the chance to work with any independent filmmaker, but we did work with many people in the entertainment industry such as the actor, singer etc. and also the agencies that represent these people in organising their calendar and setting up projects for them.

The most frequent problems faced by them are in the field of contractual obligations. Sometimes these players do not understand the nature of the contract being signed by them and end up breaching the terms and conditions of the contract for example, taking on multiple projects at once totally ignorant of the fact that their rights exclusively belongs to one agency or a project till the time the agreement is in place.

The same things happens for the Independent filmmakers too.

We believe having a good legal advisory behind every step taken in this field can save you a lot of penny and future litigation.

It is important to put everything too paper and on record and consult an advisory to foresee the events that cannot be seen by the filmmaker.

12. What legal advice would you offer to an Aspiring filmmaker preparing to release their first film?

• Register the title of the film, so that no one uses the name.

• Conduct prior research about any song, dance moves, audio, video, art, etc, whether it’s protected or in public access, and who is the owner.

• Enter into the contracts with strict copyright laws and liability clauses. Specifically, it should be in written format and with respect to OTT platforms, enter into proper licensing agreements, like no further distribution without prior permission, always renew the license if any. And also about any confidential information, which cannot be used against the filmmakers, for the parties' benefit.

• Protect every work included in the film, including a short video that is shot on the sets. All the rights will be with the producer.

• Add a disclaimer about the film, for what purpose the material is used in the film and add that prior permission has been taken to use the copyrighted material.

• It's better that the producer should always take insurance to cover against any losses or sudden exigencies.
  
  

13. Would your organization be open to offering legal guidance, mentorship, or resources to emerging filmmakers? If yes, in what capacity?

Yes, we are always ready to give any suggestions to aspiring filmmakers.

• • We can conduct valuable sessions online by our team of legal experts.
  • We can also advise on phone calls, meetings online or physical.
  • We can also respond to your doubts by message or by LinkedIn posts.
  • And also personal one on one consultations with our experts.

Final Thoughts

14. What is one change you would like to see in the legal landscape to better support the next generation of filmmakers?

One pivotal change would be the establishment of a dedicated statutory framework or regulatory authority focused on legal facilitation within the media and entertainment industry, specifically tailored to the needs of emerging and independent filmmakers.

This institution should provide a centralised platform offering accessible legal advisory services, standardised contractual templates, intellectual property registration assistance, and dispute resolution mechanisms.

Incorporating such a body within the larger legal and cultural policy framework would bridge the existing gap between creative practice and legal compliance.

It would not only empower new entrants to safeguard their rights but also foster a more transparent, accountable, and artist-friendly creative ecosystem.

15. Is there anything else you’d like to add about how the legal industry can empower aspiring filmmakers in today’s evolving media environment?

In today’s rapidly evolving digital media landscape, the legal industry must adopt a more proactive and inclusive approach.

Beyond traditional legal services, it can empower aspiring filmmakers by demystifying complex legal processes through accessible education, interactive platforms, and technology-driven solutions such as contract automation and IP tracking tools.

Furthermore, encouraging interdisciplinary cooperation amongst policymakers, content producers, and legal experts might result in more flexible and progressive legislation.

A generation of filmmakers who are not only creatively daring but also legally conscious and protected can be fostered by the legal sector if it positions itself as a collaborator in the creative process rather than a post-facto enforcer.

16. How do you foresee Platforms Like Keepitshort can support the aspiring filmmakers community?

Platforms like Keepitshort have the potential to become vital enablers for emerging filmmakers by serving as both a creative showcase and a legal knowledge resource.

In addition to distribution, they can help the community by providing standardized contracts, well selected legal toolkits, and advice service relationships with legal experts.

Filmmakers would be better prepared to handle rights management, licensing, and compliance if workshops, legal literacy sessions, and mentorship programs were offered.

Keepitshort can promote a more resilient, knowledgeable, and self-assured filmmaking ecosystem by integrating legal empowerment with artistic exposure.

Legal Expertise Behind These Insights

This insightful perspective was shared by Ashish Vishwakarma, Partner at BeIN Legal LLP, who brings hands-on experience in corporate litigation and entertainment law advisory. BeIN Legal LLP, with offices in Delhi & NCR, Hyderabad, and Indore, is a dynamic corporate legal services provider offering 24x7 advisory, risk management, and compliance solutions to creative professionals and businesses alike.

Also Read: Bridging the Gap Between Film Schools and the Entertainment Industry