The stand-up comedy scene in India has evolved drastically in the last decade. This art form generates a lot of interest and appreciation from the audience, youth in particular. However, earlier Indian audiences got to witness good comedy primarily on celluloid, but due to a seismic shift in the media landscape in recent years, with the advent of YouTube, stand-up comedy has become much more intriguing and accessible at the same time for Indian audiences.
Although, TV shows like ‘The Great Indian Laughter Challenge’ and ‘Comedy Circus’ introduced standup comedy to the Indian television audiences, it has thrived as an art form in the United States for decades. In recent years, live stand up shows across the country have seen a significant rise in numbers, even stand-up comedy specials on various OTT platforms are highly popular. Not to mention, short videos uploaded on YouTube by comedians garner millions of views. In this article, one delves into the legal safeguards available for a stand-up comedian, in order to protect their intellectual property.
Challenges Faced By Comedians
The job of a stand-up comedian is to make the audience laugh through their jokes. Article 19(1)(a) of the Indian Constitution provides citizens with freedom of speech and expression. However, this is limited by Article 19(2) which gives the state power to impose reasonable restrictions on speech for the protection of sovereignty and integrity of the Nation. Nowadays, we often see stand-up comedians finding themselves in a tough spot because of a certain joke they cracked or a remark they made. It’s important for comedians to strike a balance between humor and the potential offensiveness through jokes but it is a complicated task given how subjective the genre of comedy is. As India is culturally and religiously diverse, comedians must be aware of their statements to avoid offending audiences or facing legal consequences.
For instance, in 2015, comedian Tanmay Bhat was entangled in a controversy after the infamous AIB knockout roast and all those involved were charged with obscene and abusive language, which was stated in the FIR against them. Additionally in 2021, popular Indian actor & comedian, Vir Das landed up in the midst of a controversy after his viral statement of “Two India’s” at the Kennedy Center at Washington D.C. These occurrences raise the question: “Does the law or societal backlash stifle creativity?”
Originality Under Copyright Law
Copyright protection can only be given for work that is or original nature. The term “originality” has not been expressly defined in the Indian Copyright Act, 1957. Originality can be interpreted as the creation of an author’s unique work, which is grated protection through various legal doctrines.
In the United Kingdom, ‘Sweat of the Brow’ doctrine plays a significant role for the protection of the original work of artists. It states that protection would be granted based on the skill, effort and expense in creation of such work. In the United States of America, the doctrine of ‘Modicum of Creativity’ plays an important role for the protection of artistic work. It states that any work shall have a minimum level of creation for it to be eligible for copyright infringement. In India, the Doctrine of Sweat of the Brow was followed for the longest time, after which the Indian courts adopted the doctrine of Merger. Under copyright law, ideas themselves cannot be protected, it is the interpretations of those ideas for which protection can be granted. The above doctrine states that when an idea has only one or few ways to interpret it, the two are merged and therefore exclusive rights would be granted to the idea itself.
Legal Remedies Available For Comedians
The role of a stand-up comedian is to create original and relatable content, with jokes that are innovative and unique in nature. Comedians may run into legal issues with the content they create, such as copyright infringement, defamation, or even breaking laws related to national security, public order, or public morals.
Certain remedies are granted to comedians under the Indian Copyright Act, 1957 (“Act”). Section 13(1) of the Act defines the types of works in which copyright subsists, including original literary and artistic works. Further, the Act also provides remedies for the infringement of copyright. Thus, any content created by comedians which is original, for instance their scripts, jokes, and performances, would fall within this scope, and by doing so grant them protection under the Act. Specifically, Section 55 of the said Act provides civil remedies in the form of injunctions, damages, which accounts as a relief to comedians whose copyright has been infringed. The Act also provides criminal remedies under Section 63 which states that if a person knowingly infringes or abets the infringement of copyright shall be subject to imprisonment for a term not less than six months but which may extend to three years along with a monetary penalty.
Such legal remedies provide comedians with the necessary tools for seeking justice when their work is infringed, and subsequently ensure the protection of their rights
Conclusion
To conclude, stand-up comedy audiences have to keep in mind that comedians are trying to make them laugh which is a very difficult to do as it is and sometimes in that act, they take certain risks and a few people end up getting offended. However, on the other hand, it is the comedians’ responsibility to ensure they do not take advantage of the liberty that they have and reconsider making statements that could cause harm or hurt the sentiments of the people.
Stand-up comedy is emerging rapidly with more and more individuals trying to make professional careers out of it. Protecting the rights of comedians will encourage greater creativity and innovation, allowing them to freely express their ideas without fear of exploitation or legal repercussions.
Author: Gayatri Khatavkar & Trisha Puri