Chintan Girish Modi
With the Indian government’s push to strengthen the orange economy, people working in the creative and cultural industries have a reason to believe that their expertise and labour are taken seriously as an engine of economic growth, and not dismissed as a vanity project or weekend hobby. But, for this shift to have meaning in their lives, there needs to be more than lip service.
Given the reality that many of them are freelancers — often clueless about how to price their own work, lacking the means to get legal advice, or simply too embarrassed to broach the subject of money at all fearing unpleasantness—Xerxes Ranina’s book could not have come at a better time. An intellectual property lawyer with three decades of experience, he has written what is being sold as “the definitive legal guide for musicians, writers, filmmakers and content creators”.
This book speaks to the vulnerabilities faced by independent creators, who may not even have an office set-up, let alone membership to industry bodies or unions negotiating for better pay. As the author rightly notes, such individuals end up signing “ridiculously one-sided contracts” when they find themselves “dealing with gigantic corporations with their large teams of lawyers”. The author makes a genuine effort to demystify legalese that can feel impersonal or intimidating.
He does not assume background knowledge. Beginning with the basic distinction between copyright, trademark and patent, he goes on to discuss “what is protectable and can be monetised” in an original work, and how its “unauthorised use” for commercial gain can be prevented. Ranina equips readers with knowledge that is essential to function under capitalism.
His sympathy for readers’ struggles is best expressed in this candid line from the introduction: “Politically, my views are left-leaning. I root for the small guy against the corporation and for decentralized power in every sphere of life.” He teaches readers how to spot red flags. Anyone who says “trust us, we don’t need to put that into the contract” ought to be treated with suspicion.
This is valuable advice in sectors where people underestimate the importance of well-defined deliverables, timelines and payment schedules when they work with friends or friends of friends. He makes concepts accessible and relevant without talking down to readers. Take, for example, the idea/expression dichotomy which is central to discussions of copyright law. He clarifies that “there is no copyright in an idea, but only the expression of an idea”. What looks like theft to a passionate and hardworking creative practitioner might be seen differently in a court because the law protects only “the specific nature and manner in which each creator has expressed the idea”.
The author’s protective instincts also seem to kick in when he urges readers to insist on staggered payment schedules instead of waiting to receive a lump sum at the end of an assignment. His reasoning is straightforward; “if the relationship goes sour, it’s best not to have a large sum of money still outstanding”. This would certainly strike a chord with creators who have been unable to quit toxic and oppressive work arrangements because they live from pay cheque to pay cheque.
This book empowers readers to develop an entrepreneurial mindset. Film directors are told that while a contract of appointment entitles them to compensation for their services, they can “negotiate a profit share in addition to the fixed compensation” and secure the right to direct any sequel or prequel that might be commissioned later. This is an excellent tip since franchise value is usually recognised years after the signing of the original contract. By then, it is too late for the director to have any leverage in terms of negotiating their legal rights. In the absence of formal mentoring structures, Ranina offers helpful guidance on anticipating what they might be owed.
Ranina keeps the book riveting with the inclusion of several real-life cases. Readers get to see what happens when disputes arise, copyright claims are asserted, and legal options are explored. The author urges them to explore arbitration since litigation can be expensive and time-consuming. His pragmatic approach is worthy of appreciation, and the absolute icing on the cake is a lengthy appendix containing draft agreements for musicians, writers, directors, actors, choreographers as well as comperes. It is hard to think of a reason to not buy this book.
Chintan Girish Modi is a journalist, educator and literary critic
Who Owns What? The Definitive Legal Guide for Musicians, Writers, Filmmakers and Content Creators
Xerxes Ranina
HarperCollins
Pp 248, Rs 599