Use Of Public Domain Material In Modern Cinema

This research investigates the legal challenges and gaps in using public domain materials in modern Indian cinema, asking: What are the legal challenges and gaps in using public domain materials in modern Indian cinema, and how can these issues be resolved? While classical literature, folklore, and expired copyrighted works offer filmmakers creative freedom and accessible content, their use often brings legal uncertainty. Although public domain works are assumed to be free for reuse, the reality is far more complex. The Copyright Act of 1957, drafted for a pre-digital era, does not adequately address the challenges posed by streaming platforms, AI-generated adaptations, digital restoration, and international copyright discrepancies. Filmmakers often struggle to distinguish truly public domain material from protected derivative works. Conflicting copyright terms across countries complicate global distribution, while automated takedown systems sometimes misidentify legitimate use. The question of who holds rights in AI-generated adaptations further blurs ownership. This study examines judicial interpretations, statutory provisions, and international practices such as Disney’s approach to legacy content to highlight the outdated nature of current legal frameworks. It proposes a range of reforms: the creation of a centralised Public Domain Registry, specialised IP courts equipped to handle digital content issues, the development of industry-wide best practices, legal education efforts, and steps toward international harmonisation. These recommendations aim to provide legal certainty while preserving India’s rich cultural heritage and supporting creative growth in a rapidly evolving entertainment landscape. Keywords: public domain, Indian cinema, copyright law, digital distribution, intellectual property