Copyright Doctrine, Weak Appropriability Regimes, and Bollywood Cultural Creator Strategic Management

Michael P. Ryan PhD, Georgetown University McDonough School of Business

Abstract

A debate about law, economics, and culture has been taking place regarding cultural product creation and distribution and the ideal appropriability regime. India has a weak appropriability regime for cultural creators because Indian courts make copyright infringement difficult to demonstrate owing to how they define similarity and derivative rights and the Indian state poorly enforces copyrights against piracy. India produces 1000 films every year, so it appears to be a model of success. But, Bollywood filmmakers are influenced by their weak appropriability regime: Most filmmakers follow a familiar formula—a simple story, animated by colorful dance and buoyant music with modest production values, completed in a few weeks. Top-grossing Bollywood producers keep the budgets and production schedules of capable directors aligned with realistic creative visions, invest in “bankable” star-actors, manage product portfolios, and organize flexibly with networks of service providers to mitigate risks. The study advances legal scholarship by arguing that copyright doctrine should emphasize the incentive role of investment into quality and by applying a strategic management analytic framework.