How to register a Production House in India and protect its intellectual property

In this guide, I shall walk you through every step you must take to legally register your production house in India and protect the intellectual property it creates. Whether you are a filmmaker with one project or an entrepreneur planning a full-scale studio, this roadmap shall help you build a strong foundation legally, commercially, and creatively.

Introduction

I recently met a young filmmaker. She had just wrapped her debut short film. She was brimming with ideas, eager to launch her own production house and take control of her creative work. 

I couldn’t help but ask her whether she had registered her business or protected her scripts. 

And just as I expected, she looked puzzled. Like many others, she believed that creativity alone would carry her forward. Unfortunately, that is not how the industry works.

Yes, this is not an immediate problem for her since she is just starting off. But if her movies do get popular and gain traction, it is better to have everything protected right from the beginning.

If you wish to build a serious career in film, web content, or music production, it is essential to move beyond just the camera and the script. You must treat your production house as a business, one that needs legal protection, identity, and a sound intellectual property (IP) strategy.

Let us begin with the most fundamental step: giving your production house a legal identity.

Step 1: Registering the production house as a legal entity

There are things you must do before you pitch your first story. 

You need to first hire a team or apply for funding.  You must give your production house a legal identity. Do not think of this as just a formality. It determines how you sign contracts, pay taxes, and safeguard your rights over the content you create.

1. Choose a business structure

When it comes to choosing your business structure, you actually have several options. You can choose the one that fits you best while structuring your production house. Each has its own legal and tax implications. 

1. Sole proprietorship –

If you are working independently and want a simple setup, this is the easiest form. However, you need to remember that there is no distinction between your personal and business liabilities. Factors to consider include:

• Unlimited liability: This is the most critical point. If the business incurs losses or debts, the proprietor’s personal assets (like house, car, savings) may be used to settle them. There is no financial shield between business risks and personal wealth.
• Taxation: Income is taxed as personal income under the slab rates applicable to individuals.
• Funding: Difficult to attract external investors or bank loans as the business is not recognised as a separate entity.
• Ease of setup and closure: Easiest to set up; no formal registration is required unless specific licences are mandated.

This type of business is suitable for freelancers, small traders, solo consultants.

2. Partnership – 

If you are collaborating with one or more people, then this will be a suitable option. A partnership essentially allows shared ownership and responsibilities. It is advisable to register the partnership under the Indian Partnership Act, 1932, and to execute a partnership deed.

When it comes to liability, it is the same as sole proprietorship, which has unlimited liability. Other factors to consider are:

• Partnership deed: It is crucial to have a well-drafted deed covering profit-sharing ratio, capital contribution, dispute resolution mechanism, retirement, expulsion of partners, etc.
• Taxation: The firm is taxed separately if registered. Otherwise, partners are taxed individually.
• Transferability: A partner cannot transfer his/her interest without the consent of the other partners.

This is suitable for small businesses with known partners, family businesses.

3. Limited liability partnership (LLP) – 

This structure gives you and your partners limited liability while also offering flexibility in operations. It is ideal if you plan to work with external collaborators but wish to limit risk.

• Limited liability: Partners’ liability is limited to their agreed contribution in the LLP. Personal assets are generally protected.
• Perpetual succession: Continues to exist irrespective of a change in partners.
• No requirement for minimum capital: No minimum capital requirement for formation.
• Foreign investment: 100% FDI is allowed in LLPs in sectors where the automatic route is permitted.
• Taxation: LLP is taxed like a partnership firm (30% plus surcharge and cess); no Dividend Distribution Tax (DDT).

This is suitable for professional services, start-ups, and small businesses needing limited liability without heavy compliance.

4. Private limited company –

If you aim to scale, seek investment, or build a formal studio, this is the most robust structure. It involves more compliance but adds credibility and investor confidence.

• Limited liability: Shareholders’ liability is limited to the amount unpaid on their shares.
• Perpetual succession: The company continues to exist despite changes in ownership.
• Funding options: Can raise equity or debt from investors, venture capitalists, or banks. Preferred for investor confidence.
• Taxation: Flat corporate tax rates (22% for domestic companies under certain conditions); subject to MAT in some cases.
• Transferability: Shares can be transferred (subject to restrictions in AOA).

This form of business is suitable for start-ups planning to scale, tech companies, manufacturing units, and businesses seeking external funding.

Take time to assess which structure suits your vision and the scale of your operations. I recommend consulting a company secretary or lawyer if you are unsure.

2. Name availability and reservation

Your production house deserves a distinctive name. It is not just a label; it is your brand. You must ensure that no one else is using the same or a confusingly similar name.

For example, if your production house is called “Silver Frame Studios,” and another company is operating as “Silver Frames Entertainment,” audiences and clients might confuse the two, leading to brand dilution or even legal trouble.

Start by conducting a search on the Ministry of Corporate Affairs (MCA) website. If you are opting for a company or LLP, you can reserve your desired name through the RUN (Reserve Unique Name) service on the MCA portal.

When choosing a name, you need to pick a name that is original, easy to recall, and preferably aligned with your future trademark. Avoid using generic terms like “Pictures” or “Entertainment” on their own, because you see tons of it already. The name should reflect your identity while being legally available.

3. Incorporation process

Once your structure and name are ready, proceed with the formal incorporation.

For an LLP or a Private Limited Company:

You must file incorporation documents with the Registrar of Companies (ROC). You can do this through the SPICe+ form on the MCA portal. You will require:

• Digital Signature Certificate (DSC), 
• Director Identification Number (DIN), 
• Identity proofs, address proofs, and 
• Consent letters from directors or partners.

For a Sole Proprietorship:

You can start with a GST registration and open a current bank account under the business name. No formal incorporation is required, but legal recognition is limited.

For a Partnership:

You must draft and notarise a partnership deed and register it with the Registrar of Firms in your jurisdiction.

You’ll need:

• Application in Form 1
• Partnership deed
• Proof of address of the firm and partners
• ID/address proof of partners

Once registered, you will receive a Certificate of Incorporation, which serves as the legal birth certificate of your production house.

4. Optional: Register under MSME

You may also register your production house as a Micro, Small, or Medium Enterprise (MSME) on the Udyam portal. 

How does this help? 

This can help you access government schemes, subsidies, and easier financing. It is not mandatory. But if you do register, it adds a layer of credibility and may prove useful when applying for loans or grants.

Keep in mind that the MSME classification depends on investment in plant and machinery/equipment and annual turnover. For eg, for micro enterprises, the investment should be up to ₹1 crore with an annual turnover up to ₹5 crore. This changes with each enterprise type. 

Step 2: Registering the brand and logo as a trademark

This is important. A compelling name and logo can go a long way. It can give your production house a strong identity in the entertainment industry. People will identify your brand through your logos and the name that you create. 

But without legal protection, anyone can copy your branding, mislead your audience, or dilute your reputation. 

So what do you need to do? You need to register your name, and that is called a trademark. 

Registering your brand and logo ensures exclusive rights to use them in connection with your services. It also helps in a business setting. Such as when entering licensing deals, distribution contracts, or merchandising arrangements.

1. Why trademark registration is crucial

Let us say you name your production house “River Films”. You design a unique logo with a stylised wave. You use it on posters, social media, and festival banners. By doing all this, you are essentially building your brand. 

Now, imagine another group using a similar name and wave logo for their YouTube channel. You cannot stop them unless your trademark is registered.

A registered trademark gives you the legal right to prevent others from using identical or deceptively similar marks. It is a valuable asset that grows in strength with use and recognition. Let us quickly go over the trademark registration process. 

2. Trademark registration process

The process is fairly straightforward but requires attention to detail. Here is how you can proceed:

1. Conduct a trademark search

First, you need to conduct a search. You need to search for something that is similar to your name to make sure something like that does not already exist. 

To conduct the search, visit the official website of the Controller General of Patents, Designs and Trade Marks. Use the public search tool to check for existing marks in Class 41, which covers entertainment, film production, and related services. Please note that production houses may also need to register in other classes, such as Class 35 (advertising and business management) or Class 38 (telecommunication for streaming services), depending on their operations.

You must avoid names or logos that are too similar to existing ones, especially if they are in the same class.

2. File the application

File Form TM-A either online via the IP India portal or through a trademark agent. You will need:

• Applicant details (individual, LLP, or company)
• The mark (name, logo, or both)
• Class of goods or services (usually Class 41)
• Description of services offered
• Date of first use (if the mark has already been used)
• Authorisation document (if filing through an agent)

3. Examination and objection stage

The Trademark Office may raise objections under section 9 (descriptive, non-distinctive) or section 11 (similar to existing marks). If that happens, you will have to file a written response and possibly attend a hearing.

4. Advertisement and opposition

 If the mark clears the examination, it will be published in the Trademarks Journal. During the next four months, any third party may oppose it. If no opposition is filed or if you win the opposition, the mark proceeds to registration.

5. Registration certificate

Once accepted, you will receive a registration certificate valid for ten years, renewable indefinitely.

3. Tips for a combined trademark (name and logo)

If your production house has a distinctive name and a graphic logo, you may register them either together (as a composite mark) or separately. I usually recommend filing two applications, one for the wordmark (e.g., River Films) and another for the logo. This gives you broader protection.

Be careful with logos that include design elements copied from stock libraries or third-party creators. Ensure you have ownership or a valid licence.

Yes, you may still be confused about how to do this. Not to worry, for a more detailed version of the trademark registration, click here. 

Step 3: Copyright registration for original works

Your production house will likely generate a wide range of creative content. This can include screenplays, songs, background scores, short films, posters, and even behind-the-scenes footage. 

Each of these works is protected under copyright law from the moment it is created. But if you want a strong legal weapon to defend your rights, you must go one step further and register the copyright.

Copyright registration provides public evidence of ownership. It strengthens your position if someone steals, copies, or misuses your work. It also helps in licensing, distribution, and raising finance against IP assets.

1. What can you register under copyright?

As a production house, you can register the following types of original works:

• Literary works for screenplays, dialogue sheets, and story outlines
• Musical works for lyrics, compositions
• Sound recordings for background scores, recorded songs
• Cinematograph films for finished films, web series, or even trailers
• Artistic works for posters, logo designs, set designs

You can register each of these under different forms prescribed by the Copyright Office.

2. Process of copyright registration in India

The registration is governed by the Copyright Act, 1957. The process is now mostly digital and can be completed via the official website of the Copyright Office.

1. Prepare the application

Choose the correct form based on the type of work:

• Form XIV for all works
• Statement of Particulars (SoP) and Statement of Further Particulars (SoFP) for certain works like films or music

You must also submit copies of the work and a no-objection certificate if you are registering a logo or work created by a third party.

2. Pay the prescribed fee

Fees vary based on the type of work and whether the applicant is an individual or a legal entity. For example, registering a film as a cinematograph work costs more than registering a screenplay.

3. Wait for the scrutiny and objection period 

After filing, there is a mandatory waiting period of thirty days. During this time, the Copyright Office checks for objections. If none are received, the application proceeds to registration.

4. Receive the registration certificate

 If all is in order, the Registrar of Copyrights issues a registration certificate. This is valid for the lifetime of the author plus sixty years in most cases.

3.  Best practices for production houses

You need to always ensure that all original works created under your production house are assigned or licensed in writing to the entity. 

Also, you will most likely engage freelance writers, composers, or designers. When you are doing so, you need to include a copyright clause in the agreement stating that the rights shall belong to your production house.

Make sure to maintain dated copies and signed agreements for every work you plan to register. Remember, in disputes involving copying or unauthorised use, the burden of proof often lies with the claimant. A copyright registration simplifies that burden.

For a comprehensive guide on registration of copyright, click here. 

Step 4: Joining a film producers’ association

Once you have given your production house a legal identity and registered your intellectual property, it is time to take your place in the industry. 

Joining a film producers’ association is indeed a very good option. It is not just a formality; it opens doors. From getting shooting permissions to protecting your rights during disputes, these associations offer both practical support and professional credibility.

In India, the most prominent of these is the Indian Motion Picture Producers Association (IMPPA).

1. Why membership matters

Let us say your team finishes shooting a short film, and you are ready to showcase it. But you face a last-minute hiccup. Another producer claims your title sounds too similar to theirs. Or, you want to enter a major festival or apply for government subsidies, but are asked for an association membership reference. Being a member of a recognised body strengthens your footing in such situations.

Associations offer services such as title registration and conflict resolution. They will also help you with mediation in producer-director or producer-artist disputes. Moreover, you will have guidance during union negotiations. 

You will also receive industry circulars and legal updates. And, also, you will have access to insurance, subsidies, or co-production opportunities/

In Mumbai, where most of the Indian film industry operates, such associations are especially active.

The Indian Motion Picture Producers Association (IMPPA) is one of the oldest and most recognised associations. Its members include producers of films, documentaries, and serials. The association provides production support. They will advise you on contracts, production guidelines, and budgeting. There will be internal mechanisms to resolve conflicts with actors, technicians, or other producers. 

You will also get Industry recognition. Which means you are recognised as a legitimate production entity in the eyes of broadcasters, OTT platforms, and state bodies

2. How to apply for membership

This process is quite simple; let us see how to go about it.

1. Application form: You must fill out the membership form available at the association office or its official website.
2. Supporting documents: You will need to submit documents, and these typically include your company incorporation certificate, PAN, address proof, and past work samples (if any).
3. Entry fee and annual subscription: You must pay the prescribed fee. And the prices vary depending on the type of membership, individual, partnership, or company.
4. Scrutiny and approval: The association reviews your credentials before granting membership. Once accepted, you receive a membership card and can start using the services.

Indian Motion Picture Producers Association (IMPPA) is not your only option. You may also consider other associations like:

• Indian Motion Picture Producers’ Association (IMPPA)
• South Indian Film Chamber of Commerce (SIFCC)
• Telugu Film Producers Council (TFPC) – For Telugu-language producers
• Western India Film Producers Association (WIFPA)

Choose the one most relevant to your regional base and the language in which you produce content.

India’s film industry is diverse, with significant hubs in Chennai, Hyderabad, and Kolkata. There can be regional variation from region to region, and you should research local regulations and pick the best option for your path. 

Step 5: Licensing music, scripts, and third-party IP

Your production house may be legally registered, and your original works protected. But in practice, films often involve using other people’s work, songs, background scores, pre-written scripts, artworks, locations, or even famous personalities. This is where licensing comes in.

Licensing ensures that you have obtained legal permission to use someone else’s intellectual property. Without it, you risk claims of copyright infringement, breach of contract, or even defamation.

1. What kind of content requires a licence

Here are some common elements that you must never use without a formal licence:

• Music: Existing songs (lyrics and recordings), soundtracks, traditional compositions
• Scripts: Adaptations of books, plays, short stories, or scripts written by external writers
• Artwork and designs: Paintings, photographs, animation, or visual elements designed by others
• Personality rights: Biopics, voice imitations, or visual portrayals of real individuals
• Locations: Iconic locations that are trademarked or owned privately

Even if a work is available online, it does not mean it is free to use.

2. Drafting a licensing agreement

Licensing arrangements should be documented through a well-drafted agreement. Here is what a basic licensing agreement must include:

1. Parties involved: The owner (licensor) and the production house (licensee)
2. Description of work: A clear description of the licensed material (e.g., a song, an image, or a script)
3. Scope of use: Specify where and how the work will be used, film, OTT platforms, trailers, promotions, etc.
4. Duration: For how long do you have the right to use the work
5. Territory: Where the licence applies, India only, worldwide, or specific regions
6. Royalties or one-time fee: The payment terms
7. Credit: Whether the original creator must be credited
8. Warranties and indemnities: To protect against future claims

Always include a clause that the licensor owns the work and has the authority to license it. This protects you from third-party disputes.

Step 6: Protecting digital content and managing online rights

In today’s digital era, a significant portion of film distribution and promotion happens online. Your production house’s digital content trailers, clips, full-length films, and promotional artwork must be carefully protected to prevent unauthorised use, piracy, or misuse.

1. Understanding digital rights management

Digital rights management (DRM) refers to technologies and legal strategies designed to control how your digital content is accessed, shared, and copied. Using DRM tools, you can restrict downloading, screen recording, or distribution beyond authorised platforms.

Platforms like Netflix, Amazon Prime, and Hotstar employ DRM to safeguard their content. Even if you plan to release your films on YouTube or social media, you should adopt protective measures.

2. Registering domain names and social media handles

Your production house should also secure domain names and social media handles that match your brand. This prevents others from impersonating your brand or misleading your audience.

For example, register river films and the corresponding usernames on Instagram, Twitter, and Facebook. This ensures consistent branding and control over your digital presence.

3. Using copyright notices and take-down procedures

Always include copyright notices on your videos, websites, and promotional materials.

For example: © 2025 River Films. All rights reserved.

If you find your content uploaded without permission on platforms like YouTube or Facebook, you can file a DMCA takedown notice or use the platform’s copyright complaint mechanism to have the content removed.

If you want to know how to send a legal notice for copyright infringement, click here. 

4. Licensing content for OTT platforms

If you plan to distribute films on OTT platforms, you must negotiate licensing agreements that cover:

• Streaming rights (territory, duration, exclusivity)
• Digital rights (download, offline viewing)
• Revenue share or licensing fees
• Marketing and promotion rights

These agreements protect your ownership while enabling monetisation.

Conclusion: key takeaways and next steps

Registering your production house and protecting its intellectual property is not merely a bureaucratic task; it is the foundation on which your creative vision can flourish securely and professionally.

To recap, you need to start by legally incorporating your production house to give it a distinct identity. Registering your trademark and copyright to safeguard your brand and original works is important. 

Next, you will need to join a recognised film producers’ association like the Indian Motion Picture Producers Association (IMPPA) to gain industry support and credibility. Secure licences for third-party content to avoid infringement claims.

Lastly, protect your digital content proactively using DRM, domain registration, and online takedown mechanisms.

By following these steps, you build not just films but a sustainable business with protected creative assets.

If you are just starting out, take one step at a time. Seek advice from legal professionals specialised in entertainment law to tailor protections to your unique needs. Your production house’s intellectual property is its most valuable asset; treat it with the care it deserves.

FAQs

1. How can a production house comply with data protection laws in India?

If your production house collects personal data (e.g., audience data for marketing, actor contracts, or crew details), you must comply with the Digital Personal Data Protection Act, 2023 (DPDP Act). Key requirements include:

• Obtaining consent for collecting and processing personal data.
• Implementing security measures to protect data from breaches.
• Appointing a Data Protection Officer for larger operations. Recommendation: Include data protection clauses in contracts and use secure systems for data storage to avoid legal risks.

2. Are there specific permits required for filming in India?

Yes, depending on the location and nature of your shoot, you may need:

• Location Permissions: Filming in public places, heritage sites, or private properties requires permission from local authorities, municipal corporations, or property owners.
• Censor Board Clearance: For theatrical releases, you must obtain a certificate from the Central Board of Film Certification (CBFC).
• Special Permits: Filming in sensitive areas (e.g., near borders or government buildings) may require clearance from the Ministry of Home Affairs or other authorities. Recommendation: Research local regulations and apply for permits well in advance to avoid delays.

3. What is the work-for-hire doctrine, and how does it apply to production houses?

Under section 17 of the Copyright Act, 1957, works created by employees during their employment automatically belong to the employer (the production house). This is known as the work-for-hire doctrine. However, for freelancers or contractors, you must include an explicit copyright assignment clause in their contracts to transfer ownership to the production house. Recommendation: Clearly distinguish between employees and freelancers in contracts and ensure written agreements for all creative contributions.

4. Can a production house use public domain or fair use content without a license?

Yes, you can use:

• Public Domain Content: Works whose copyright has expired (e.g., after the author’s lifetime plus 60 years in India) can be used freely without a license.
• Fair Use: Limited use of copyrighted material for purposes like criticism, review, or education is permitted under section 52 of the Copyright Act, 1957, provided it meets specific conditions (e.g., not harming the commercial value of the original work). Recommendation: Verify the public domain status of works and consult a legal expert before relying on fair use to avoid disputes.

5. What are the risks of not registering a trademark or copyright?

While the original document emphasises registration, it’s worth noting specific risks:

• Trademark: Without registration, you cannot legally prevent others from using a similar name or logo, which could confuse your audience or dilute your brand. Unregistered marks rely on weaker common law protections.
• Copyright: Although copyright exists automatically upon creation, unregistered works are harder to enforce in court due to the lack of public evidence of ownership, potentially complicating disputes. Recommendation: Prioritise trademark and copyright registration for critical assets like brand names, logos, and key creative works.

6. What regional considerations apply to production houses outside Mumbai?

India’s film industry varies by region (e.g., Tollywood in Hyderabad, Kollywood in Chennai). Regional considerations include:

• Regional Associations: Join associations like the Telugu Film Chamber of Commerce or Tamil Film Producers Council for region-specific support.
• Language-Specific Regulations: Some states have subsidies or tax incentives for films in regional languages.
• Local Permits: Permitting processes differ by state or city, with unique requirements for shooting in public spaces. Recommendation: Research regional film bodies and local regulations based on your production house’s base and language focus.

7. How do I protect my production house’s brand on international platforms?

If you plan to distribute content globally:

• Register trademarks in key international markets through the Madrid System (administered by WIPO).
• Secure international domain names (e.g., .com, .co) and global social media handles.
• Negotiate clear licensing agreements with international OTT platforms, specifying territorial rights and revenue shares. Recommendation: Work with an IP lawyer familiar with international trademark and copyright laws to ensure global protection.