Romanticising The Past; Nostalgia Is A Great Marketing Tool For Filmmakers

All of us are well acquainted with this iconic dialogue delivered by the great Amitabh Bachchan, in his film Agneepath. It has since then been etched in the minds of cinema audiences worldwide and holds a distinct place in the archives of Indian cinematic history.

This powerful introduction of the character Vijay Deenanath Chauhan not only established his identity but also set the tone for the film's intense narrative.

In 2012 when Agneepath was remade, directed by Karan Malhotra and starring Hrithik Roshan, the same dialogue was revisited, potentially to maintain its original essence while introducing it to a new generation.

This remake was quite successful and highlighted how classic dialogues can transcend time and continue to resonate with audiences, serving as a bridge between past and present.

To capitalize on current fan bases and lower marketing risks, reboots, remakes, and retro content are strategic tactics used in both Bollywood and international films. They use star power and nostalgia to boost sales. Bollywood frequently emphasizes cultural relevance, whereas international films may place a higher priority on franchise development and outside markets.

The Appeal Of Nostalgia

Since the past decade, film marketing has relied heavily on nostalgia, particularly when resurrecting vintage speeches or stories. Filmmakers access viewers' emotional connection to the source material by bringing back happy memories of their most cherished films.

This tactic has not only drawn in admirers of the original film but also a fresh audience that might be interested in the lasting influence and cultural relevance of these recognizable components. Nostalgia has proved to serve as an essential marketing weapon that helps foster a sense of legacy and increases viewer interest and engagement with the movie.

Legal Considerations

Although reboots and remakes are a common practice in the entertainment sector, a seamless production process necessitates careful attention to a complicated set of legal issues.

The majority of such legal considerations revolve around Intellectual Property rights. To secure such rights one has to negotiate with original artists, their estates, or current copyright holders. Getting permission to use, modify, or reinterpret the original work is contingent upon completing this procedure. Reboots and remakes need to have their rights officially transferred or licensed, which frequently entails intricate contracts and financial arrangements to honour and reward the original authors.

The most sought-after risk to deal with is Copyright Infringement.

The term "copyright" is defined in Section 14 of the Copyright Act,1957 as the owner's right to adapt a literary, theatrical, musical, or creative work. Furthermore, Section 51 of the Act specifies that a copyrighted work is infringed if a person performs something for which the owner of the copyright has granted exclusive rights without first obtaining a license from that owner.

However, the connotations of the term "copy" are covered by the phrase "adaptation" in the case of a cinematograph film, providing the owner of the copyright in a cinematograph film, the only true right to construct a replica of the film.

Unless there is a contract stating otherwise, Indian law states that when an owner grants a third party a license to remake a cinematograph film, the licensee creates new work and, as a result, the copyright to that new work is transferred to the licensee. If the original work's owner desires to maintain copyright ownership within the remake, the licensee must explicitly transfer these rights to the original owner through a contract.

The requirement for consent is waived in situations when the original work has reached the public domain, which indicates that its copyright has expired. Nonetheless, one may still be subject to other rights or laws even after a copyright expires, so one is not always free from legal issues.

In 2010, the movie Band Baaja Baaraat was released, which brought along legal battles over claims of copyright violations. It is a popular Bollywood romantic comedy centered on the wedding planning industry, produced by Aditya Chopra under Yash Raj Films.
The disagreement started when filmmaker and writer Shyam Vyas asserted that Band Baaja Baaraat was an adaptation of one of his previous scripts. The plot, concepts, and some of the dialogue in the movie, according to Vyas, were lifted verbatim from his writing that he had previously shown to industry insiders. He filed a lawsuit for copyright infringement, claiming that his original ideas were utilised without his permission or acknowledgment. The defense of original creation was accepted as there was no substantial evidence of copyright infringement that could be proved.

Another essential component of reboots and remakes is contractual agreements, wherein the issues related to royalty and rights are carefully negotiated. These contracts specify how the original authors, performers, and other participants will split earnings and royalties from the updated version. Original authors have the right to object to changes that could compromise the authenticity or distort their original work. The authors of the original work may file a lawsuit against any reboot or remake that materially changes the plot to violate their moral rights.

The legal landscape is further complicated by trademarks and brand protection. Legal issues could come about when recognizable characters and titles are used from original works, especially if these components are altered or used in different situations. It is crucial to make sure the new work doesn't violate any registered trademarks or cause confusion in the marketplace.
To prevent any such harm that might arise from the new interpretation or adaption, all the legal safeguards must be in place.

Conclusion

While reboots and remakes provide an opportunity to revitalize popular content and pique audience interest, they are far from straightforward projects. The popularity of long-running franchises can obscure fresh, creative ideas, making it difficult for new ventures to garner widespread public attention. However, reboots and remakes provide their own set of problems, including sophisticated legal and commercial challenges. These adaptations necessitate careful handling of intellectual property rights, navigating copyright rules, and managing brand protection, making them as difficult as shooting a whole new film. Thus, the process of resurrecting existing works should be handled with a delicate balance of creativity, legality, and strategy.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.