Do Nayan-Wikki still have rights over their wedding video?


It is a well-known fact that the wedding videographer has no copyright over the wedding videos because the wedding videographer or photographer is shooting are hired by the bride and groom and it becomes works made for hire. Inculcating the doctrine of work for hire, the copyright belongs to the bride and groom. If the bride and groom let a third person direct the video, what happens then?

 

Our one and only Lady Superstar got married to Vignesh Shivan on June 9th, 2022. We all are not able to keep our calm and we are eagerly waiting for the photographs and videos from the wedding. However, is it possible for Nayan-Wikki to release their wedding video without the permission of Gautham Vasudev Menon?

 

With a lot of speculations around about Gautham Vasudev Menon directing and shooting a video from the wedding for a big OTT platform, our IP-mind will shoot questions on the IPR aspects of the wedding video. So, if GVM, is getting too direct and record the wedding, does it mean GVM has the copyrights? Can anyone claim copyrights over their personal life and wedding video? To answer this question, an insight to the right of publicity and copyrights are essential.

 

Celebrities hold an economic associative value which makes themselves a commodity. And for this purpose, they hold specific rights for commercializing the same. In this case of Nayan-Wiki having director GVM to direct their wedding, the question arises of copyrights. The one possibility is that the above-mentioned celebrities have provided exclusive rights over their wedding to Director Gautham Vasudev Menon for the docu-drama film. We know it is arguable on whether it is a personality right or right of publicity in Indian Law, but we might have to rely to the case of M/S Super Cassettes Industries Private Limited (T-Series) v. Nandi Chinni Kumar, wherein the copyrightability of real-life events was discussed. It was held in this case that celebrities can enforce Life Story Rights Agreement to another party who will enforce the same as their assignee.

 

Hence, it can be said that Nayan-Wikki have granted exclusive rights of their wedding to the Director and the same is enforced by the director. However, Nayanthara and Vignesh Shivan will not release their wedding videos or photographs without the permission of Gautham Vasudev Menon to maintain secrecy and to add commercial value to the docu-drama film.


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