The Screenwriters Rights Association of India (SRAI) has been recognized as a Copyright Society under the Copyright Act, 1957 on December 30th, 2024. This marks a significant step toward protecting the rights of screenwriters in India. For decades, screenwriters struggled to receive their fair share of compensation and recognition for creative contributions in the entertainment industry. Especially with the exponential rise of digital streaming platforms and soaring demand for content, the need for a structured royalty system has never been more important. The registration of SRAI as a copyright society now enables it to collectively manage, license, and distribute royalties on behalf of Indian screenwriters, bringing the much-needed transparency and financial security to our writers.
SRAI and Its Journey
The Screenwriters Rights Association of India was established in 2017 by leading Indian screenwriters such as Javed Akhtar, Anjum Rajabali, and Kamlesh Pandey, among others, with the intention of protecting and promoting the rights of writers in the entertainment industry. Unlike actors and directors, screenwriters have historically been overlooked in contractual negotiations, often receiving a one-time payment without any share in subsequent profits or royalties.
Before SRAI’s registration, India lacked a copyright society dedicated exclusively for screenwriters. Although Screenwriters Association (SWA) existed, it primarily served as a trade union rather than a collective management organization that could issue licenses and collect royalties. Recognizing this gap, SRAI applied for copyright society status under Section 33(3) of the Copyright Act, 19571. However, the initial application faced various delays and was left unresolved. After persistent efforts, SRAI submitted a fresh application in 2020, leading to its recent approval by the Registrar of Copyrights in December 2024. This move has been welcomed by the industry, as it provides Indian screenwriters with a structured mechanism for receiving fair compensation for their creative work.
SRAI’s Role as a Copyright Society and Its Key Functions
This newfound status grants SRAI the ability to manage the rights of screenwriters efficiently, much like how music and publishing industries have established collecting societies to ensure fair compensation for creators.
The Copyright Act, 1957 governs copyright societies under Sections 33 to 362. These societies serve as collective management organizations responsible for granting licenses, collecting royalties, and distributing them to copyright holders, such as authors, composers, and publishers. They ensure that creators receive fair compensation for their works while preventing unauthorized usage. Additionally, these provisions empower the government to oversee copyright societies and provide mechanisms for resolving disputes, ensuring a balanced framework for the protection and administration of copyright.
Some of the key functions that SRAI can now undertake include:
· Issuing Licenses for Screenwriters’ Works
Producers, streaming platforms, and broadcasters must obtain proper authorization before using a screenwriter’s work. Earlier, individual writers had to negotiate their contracts separately, often resulting in unfair terms or delayed payments. Now, SRAI can issue standardized licenses on behalf of its members, ensuring clarity and legal protection for both writers and production companies.
· Collecting and Distributing Royalties
One of the biggest challenges faced by Indian screenwriters has been the lack of a proper royalty collection mechanism. Until now, writers had little to no control over whether they were fairly compensated for re-runs, digital releases, or international licensing of their work. Now, royalties can now be collected centrally and distributed to the rightful creators, ensuring that screenwriters receive their dues with transparency.
· Collaborating with Foreign Copyright Societies3
The entertainment industry is no longer confined to national borders. With Indian content being distributed on global streaming platforms like Netflix, Amazon Prime, and Disney+ Hotstar, international copyright protection is crucial. SRAI now has the power to enter agreements with
foreign copyright societies, making it easier for Indian screenwriters to collect royalties from overseas markets where their work is broadcast or streamed.
· Publishing Tariff Schemes for Transparency
The uncertainty around how much screenwriters should be paid for different types of content has long been a grey area. With SRAI’s registration, it will now publish official tariff schemes, ensuring transparency in the royalty structure and providing clear guidelines for production houses and streaming platforms.
Impact on the Industry and Legal Precedents
The role of copyright societies in protecting creative professionals has been recognized in Indian jurisprudence. The Delhi High Court case of Phonographic Performance Ltd. v. Lizard Lounge & Ors.4 reaffirmed that copyright societies serve a critical role in administering licenses, collecting fees, and enforcing infringement claims on behalf of their members. Individual creators often lack the legal or financial resources to take on large corporations, making copyright societies a necessary intermediary to level the playing field.
SRAI’s recognition as a copyright society brings similar legal protection to screenwriters, providing them with a collective bargaining entity that can represent their interests. More importantly, it reduces the reliance on one-sided agreements that have historically favored production companies over individual writers.
Challenges and the Road Ahead
While this development is undoubtedly a step forward, some challenges remain.
· Overlap with Other Organizations
The existence of multiple associations, such as the SWA could lead to confusion among writers. While SWA has been instrumental in advocating for writers’ rights, it does not have the legal authority to collect royalties. A clear distinction in roles between SRAI and SWA will be necessary to avoid conflicts and duplication of efforts.
· Implementation and Enforcement
Having the legal authority to issue licenses and collect royalties is one thing, but ensuring compliance from producers, broadcasters, and platforms is another challenge. The industry will need to see robust enforcement mechanisms from SRAI to make sure that production houses adhere to the licensing norms.
· Educating Writers on Their Rights
Many screenwriters, particularly newcomers, are unaware of their legal rights. SRAI must work towards educating writers about copyright law, fair compensation, and contract negotiation to ensure that they can fully benefit from this new system.
Conclusion
SRAI’s registration as a copyright society is not just a procedural milestone, it is a transformative step for the Indian entertainment industry. By streamlining licensing, ensuring fair royalty distribution, and providing legal protection for screenwriters, it has the potential to reshape the industry’s power dynamics. However, its success will depend on how effectively it enforces its mandate and collaborates with stakeholders to build a fairer ecosystem for writers.
With the digital content industry booming and global distribution becoming the norm, this is a timely and much-needed reform that will elevate the status of Indian screenwriters and set a precedent for fair compensation in the entertainment industry.
Authored by: Ms. Shaileja Narain
She is a fifth-year BA LLB (Hons.) student specializing in Intellectual Property Rights at UPES, Dehradun. With a keen interest in intellectual property issues, especially copyright and trademarks related to media and entertainment, she explores legal nuances shaping creative and technological industries. Through legal writing and research, she aims to contribute to the evolving IP discourse.
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