Xerxes Ranina’s ‘Who Owns What?’ is a Guide to the Legal Life of Creative Work

Sometimes, all it needs is a sentence or two to know if a book will be liked and remembered by readers. I spotted that sentence in Xerxes’ Introduction to his book when he says,

“What I admire most in a person creating a work out of a deep need to give expression to their inner voice is the passion and creativity on display. It is the highlight of my work to see the sparkle in a client’s eye when she describes her project, and nothing is more satisfying than helping her protect her creation.”

With this, Xerxes had placed himself immediately on the side of the individual creator, and thus drawn my attention. This was not a snooty, suited IP lawyer defending the interest of a heavyweight brand or production house, but someone who cared about the rights of artists. 

Who Owns What? is a very valuable form of hand holding in the times we live in, when a literal explosion of platforms has enabled many types of creative expression, and the overlapping nature of content by writers, stand up comedians, influencers and podcasters has brought questions of ownership of material over and above that already faced by creative artists in earlier years. Consciously written by Xerxes in simple and understandable terms, it can help creators ask the right questions at the time of assigning rights to their work, negotiate better, and retain enough control over their material to not feel cheated or overlooked.

The creative process is itself a pretty demanding one. It means overcoming self-doubt and negative feedback, following through on some instincts and abandoning others, polishing and perfecting what one wants to present to the outside world. Then, one is also faced with the daunting questions of: How will my work be received? Will it be understood, or rejected? Who will profit from my efforts in the marketplace of ideas? Can I trust this publisher/producer/agent/collaborator and so on. The question of copyright is woven into such questions and concerns, and creators often worry that they lack the resources or understanding to protect their own interests.

Untangling Rights in Creative Work 

Who Owns What? therefore begins by untangling the very nature of rights in creative works, explaining how copyright is different from trademarks, or patents. This sets people on track to receive guidance about understanding when copyright has been violated, and when it has not. It then gives examples of situations from various creative arenas from fashion and films to writing, music, theatre, and even architectural spaces and design, wherein readers can understand the process of artists and performers creating their works and where and how their rights can be assigned, or violated. 

Xerxes Ranina’s own experience, from the time he was a law student interning in the intellectual property practice of Crawford Bayley and Co. to his being a founder of Neolegal Associates who has advised global film studios, writers, directors and other creative professionals for over 30 years enriches the narrative. He is able to bring us insights from cases like the protracted legal battle between Christian Louboutin and Yves Saint Laurent about the former’s distinctive red soles on high heeled shoes, just as he is able to bring out the case of Ram Sampath receiving a hefty compensation for his music being used without permission or credit before the release of the film Krazzy 4.  

With mobile phones enabling one and all to create content for public consumption, some tricky questions about ownership and permission have come to the fore. This is brought out by the example of three friends at the same table during a wedding, and one picking up another’s phone to take a picture of the third. The subject of the picture has her rights, the photographer has hers, and the person on whose phone the picture is stored, has hers. Such an example helps us to be more mindful even of our casual interactions, when images and situations can be used for reels and permission may not have been sought or given. 

Another area of concern that has emerged in recent years is the question of personality rights, when the name, distinctive features and unique elements of well-known public figures are used without their permission. The guiding principle for deciding litigation around these rights is whether a person’s right to privacy has been violated, whether their personality has been used in an unauthorised way to mislead consumers, and whether this has affected their own income from endorsements.   

However, AI has opened up another can of worms with the instant replicability of images and actions. Although work created by AI cannot claim copyright under present laws, there are many ways in which AI generated content can lead to lawsuits. A brief overview of this is provided, but it will be a while before our addicted-to-propaganda ruling party is able to address the millions of memes and song parodies that have grown out of the “56 inch ka chhota bandar” trope. 

The most important way in which this book is being hailed as an exercise in legal literacy is how it equips creators to approach contracts, negotiations and possible disputes. This is done by the substantial Appendix containing draft agreements. There are valuable templates for everything, from actors, writers, musicians, directors, to assignment of licenses, copyright, non-disclosure and confidentiality and other important areas for creators. However, these have been offered by the author with a necessary rider – trying to use these templates as the last word on a subject is like thinking one has become a cardiac surgeon by reading a basic book on heart health. They are not meant to be a substitute for seeking legal opinion from a trusted professional.

That being said, Who Owns What? is value for money in every way that matters.