Lawsikho Blog

The rise of OTT platforms like Netflix and Hotstar has transformed digital entertainment, but the question of intellectual property (IP) ownership behind streamed content remains complex. This article explores the intricate web of IP rights, copyrights, trademarks, moral rights, and licensing agreements that govern content on these platforms, particularly in the Indian context. The article provides practical steps to secure and manage IP, ensuring content remains a valuable, protected asset in the streaming economy.

Introduction

It is finally the weekend. On a quiet Friday evening, you make yourself a cup of tea, sink into the sofa, and fire up Netflix. A hundred titles later, you are still scrolling. Nothing grabs you. Everything feels…meh.

Then a thought hits you: I could probably make something better than this.

Well, maybe.

And then comes the next thought: Where would I even put it? Would I own it?

Now you are getting ahead of yourself. But those? Those are good questions.

As viewers, we are quick to assume that Netflix or Hotstar owns everything it streams. But why wouldn’t we? After all, their logos appear at the beginning, their names are stamped across posters, and the words Original or Special suggest exclusivity. 

But the truth is far more layered and legally complex. So, behind every frame you view on an OTT platform lies a web of intellectual property (IP) rights. 

These include IP such as copyrights, trademarks, moral rights, and licensing agreements. And all of these are carefully negotiated between creators, studios, and platforms.

In this new era of digital entertainment, ownership is actually no longer straightforward. There are different people for different stages of making and owning in the film industry. 

A series may be produced by an independent studio, written by a team of freelancers, streamed under an exclusive licence, and marketed globally by a platform that does not actually hold the underlying IP. 

And what is the result? 

A tangled rights landscape where the platform may only have temporary or limited control, while someone else retains the core ownership.

If you are a content creator, an entertainment lawyer, or simply someone who wants to understand the business behind binge-watching, this is a conversation you cannot ignore. Understanding who owns what on streaming platforms is not just an academic exercise; it shapes royalties, revenue, creative control, and even the availability of shows across regions.

In this article, we will unpack how IP rights are structured on OTT platforms like Netflix and Hotstar, who hold which rights, how deals are structured, and what this means for creators and audiences alike. By the end of it, you will be able to see your favourite shows not just as entertainment, but as legal puzzles of ownership, licensing, and creativity.

Shall we begin?

Understanding the key players

So, before we unravel who owns what on OTT platforms, we need to understand something. 

Who are the key players involved in the lifecycle of a streamed show or film?

You might think of Netflix or Hotstar as a single-point source of content, but in reality, these platforms are only one part of a larger, interconnected ecosystem.

When you watch a series or a film online, there are usually four categories of entities behind the scenes:

1. The platform

The platform is the stage, more or less. This refers to the streaming services Netflix, Hotstar, Amazon Prime Video, and so on. While they are the public face of the content, they do not necessarily own all of it. They may acquire content through different kinds of agreements, ranging from outright purchase of rights to time-bound, geography-specific streaming licences. In some cases, they also produce content in-house.

2. The production house or studio

These are the entities that physically and financially produce the content. So what do these studios do?

Well, they hire the crew, manage budgets, oversee filming, and often bear the initial financial risk. In many cases, they retain the copyright to the content they create and license it to platforms under negotiated terms.

3. The creators

This bunch is essentially the essence of it all. 

This group includes the writers, directors, composers, cinematographers, editors, and sometimes even the performers. Each of them may hold distinct rights in the work they contribute unless those rights have been assigned to the production house or platform through a contract. 

4. Third-party licensors

These are entities that own pre-existing content or rights (such as an old film, a popular novel, or a global TV show). They will then license them to OTT platforms for streaming. For example, a Hollywood studio may license a blockbuster film to Hotstar for a period of three years in the Indian market.

Each of these players comes with their own rights, responsibilities, and strategic interests. It is all a combined effort, and giving the audience what they want. 

All of these entities also want different things. They want to achieve a certain goal. 

Now, the platform wants exclusivity and global reach. They will want their platform to be the one that is preferred by the people, and they will want many shows in different languages in order to get that global reach. 

What about production houses? The production house seeks profitability and brand value. If they hold that standard, then it means more opportunities. 

The creators are often concerned with credit, royalties, and creative control. And licensors want to maximise the value of their existing catalogues.

As you can see, when you stream a show, you are not just pressing ‘play’ on a video file; you are stepping into a carefully choreographed legal and commercial arrangement. 

Now, let us explore how these arrangements manifest in different types of content and who ultimately owns what.

What is owned and by whom?

Now that you understand the key players involved, let us examine how ownership varies depending on the type of content offered on OTT platforms. Not all shows and films are created or owned in the same way. In fact, different categories of content give rise to different models of intellectual property ownership.

A. Originals (e.g., Netflix Originals, Hotstar Specials)

When you see a banner that reads Netflix Original or Hotstar Special, it creates the impression that the platform owns the show in its entirety. This, however, is not always the case. There are two dominant models in this category:

1. Commissioned content (work-for-hire model)

In this model, the platform commissions a production house to create content exclusively for it. The platform often provides the funding, sets creative guidelines, and exercises control over the final product. In return, it usually acquires full ownership of the copyright through a contract. This is common in the United States, where the “work made for hire” doctrine applies. Once the project is complete, the platform owns the show just like a manufacturer owns the goods it commissions.

India recognises a form of work-for-hire under section 17 of the Copyright Act, where the employer or commissioner may be the first owner of copyright for works created under employment or specific contracts, though explicit assignment agreements are often used for clarity in OTT deals.

2. Licensed originals (exclusive licence model)

Sometimes, what you watch as a “Netflix Original” may actually be owned by an external studio or production house. The platform merely acquires an exclusive licence to stream it in specific territories for a limited time. Ownership of the underlying IP remains with the creator or studio. This model is particularly common when platforms seek to enter new markets with content that already exists or is developed by regional creators.

In India, it is more common to see the latter model, especially when the creator or production house prefers to retain long-term rights for syndication, sequels, or overseas distribution.

B. Licensed content (e.g., FRIENDS on Netflix, Modern Family on Hotstar)

This is perhaps the most straightforward model platforms acquire the rights to stream content that has already been produced and broadcast elsewhere. The licensing agreement usually includes things like time limit, territorial scope, and exclusivity. 

For example, a three-year licence term and the rights to stream only in India or Southeast Asia. Exclusivity deals with whether or not the platform is the only one allowed to stream it.

The platform does not own the IP. It cannot create spin-offs, alter the content, or use the branding without further permission. Once the licence expires, the content may disappear from the platform as viewers often notice when their favourite show vanishes overnight.

C. Syndicated and aggregated content

OTT platforms often act as aggregators of content from different sources, especially for regional films, documentaries, and independent cinema. This introduces additional layers of IP.

For instance, a Tamil film acquired by Hotstar may have multiple rights holders, such as the producer, music composer, lyricist, and even the dubbing artist.

And, the platform must obtain rights for each of these components, sometimes individually, sometimes bundled.

Moreover, there may be further licensing for subtitles, dubbing, trailers, and promotional materials. Each of these requires separate IP clearance, especially when different parties own different layers of the content.

In the next section, we shall delve deeper into the specific types of intellectual property involved, such as copyright, trademark, and moral rights, and examine how each contributes to the legal framework surrounding OTT content.

Types of intellectual property in streaming content

When you press play on a film or series, you are engaging with more than just storytelling; you are interacting with a complex bundle of intellectual property rights. These rights are not only layered but also divided across various contributors and owners. Let us examine the key types of IP that form the legal bedrock of content on OTT platforms.

A. Copyright: The core of ownership

At the heart of every film or show lies copyright. Under Indian law, the Copyright Act, 1957, governs the protection of original works, including literary, dramatic, musical, and artistic creations. In the context of streaming content, copyright applies to:

• Scripts and screenplays (literary works)
• Music and background scores (musical works)
• Cinematography (cinematograph films)
• Dialogues, choreography, and lyrics (literary or dramatic works)
• Promotional posters and visual branding (artistic works)

Usually, the production house acquires all these rights from the individual creators through contracts. These contracts are crucial, they determine whether the rights are assigned outright or licensed for a specific use. Assignment transfers ownership; a licence only grants permission to use the work under defined conditions.

OTT platforms either acquire these rights directly (in commissioned projects) or through licensing deals with the production house. Importantly, platforms often require a “chain of title” that clearly traces the flow of rights from the original creator to the platform. Any gap in this chain could expose the platform to future legal disputes.

A chain of title is not a single document but a collection of documents (e.g., contracts, assignments, licenses, NOCs) that collectively demonstrate the legal transfer of rights from the original creator to the current rights holder.

B. Trademarks: The power of branding

While copyright protects the content, trademark law protects the identity of the content. Think of titles like Sacred Games, The Family Man, or Special Ops. These names are more than just words; they are brand assets.

Production houses often register show titles as trademarks under the Trade Marks Act, 1999. This allows them to essentially prevent others from using confusingly similar names, license merchandising rights, and build brand extensions (e.g., spin-offs, games, books)

OTT platforms may negotiate trademark rights either to co-own the brand or to use it during the licence term. However, unless specifically assigned, the original creator or production house usually retains long-term control over the brand.

C. Moral rights: The creator’s signature

Under Indian law, even after assigning copyright, authors retain moral rights. These include the right to be credited as the author and the right to object to distortion, mutilation, or modification of the work.

This means that even if a platform owns the economic rights, it cannot remove a writer’s or director’s name from the credits without consent. Nor can it alter the content in a way that harms the creator’s reputation.

Moral rights are especially important for independent filmmakers and artists who rely on OTT platforms for distribution but wish to preserve their creative identity.

D. Neighbouring rights and performers’ rights

Performers, actors, singers, and dancers also enjoy specific rights under the Copyright Act. These include rights against unauthorised recording or rebroadcast of performances, and sometimes even a share in royalties if the work is exploited commercially.

In streaming deals, these rights are usually waived or contractually managed, but they remain a critical part of the IP landscape. Failure to address them properly can result in legal claims, especially when the content gains unexpected popularity.

When ownership goes wrong: Disputes and legal risks in India

Streaming may seem seamless to viewers, but behind the scenes, it is often riddled with conflict. When the web of intellectual property ownership is unclear or poorly documented, disputes inevitably arise. In India, where the OTT ecosystem is evolving rapidly, several high-profile controversies have highlighted the need for legal clarity.

A. The “Jhund” dispute: Who owns the story?

In 2022, the Supreme Court of India restrained the release of the film Jhund on OTT platforms due to an ownership dispute. The case revolved around conflicting rights over the life story of Vijay Barse, a real-life football coach whose life inspired the film. Another production company claimed to have secured exclusive rights to the story earlier.

The Supreme Court did not permanently restrain the release but issued an interim stay in April 2022, which was later resolved, allowing the film’s release.

This case illustrated a fundamental principle: life rights, biographical rights, and underlying works must be secured properly before OTT release. A mere assumption of ownership is not sufficient.

B. Writer-producer conflicts

Several Indian screenwriters and lyricists have raised concerns about platforms and producers using their work without formal assignments. Some writers allege that their scripts were “pitched” but later developed into shows without their consent.

The Copyright Act mandates that rights must be expressly assigned in writing. Where such documentation is missing, the creator may still hold the copyright, even if the show is already streaming. This exposes the platform to legal liability, especially if a dispute surfaces after the show becomes successful.

C. Dubbing and translation rights

Dubbing and subtitling are often considered derivative works under Indian copyright law, requiring specific permissions. A lesser-known but frequent issue in India relates to dubbing and subtitle rights. For regional films and international shows, translation is key. However, many content owners grant streaming rights without clarifying whether dubbing or subtitling is permitted. In one notable case, a Tamil production house objected to the Hindi dubbing of their film by a platform, arguing that the rights had not been granted.

Dubbing has increased revenue in the film industry. But at the same time, it should be done with all the rights being granted to the respective parties. Ambiguity around this not only disrupts distribution plans but also causes reputational damage. The lesson: all layers of IP dialogues, performances, and translations must be legally accounted for.

D. Performers’ rights and royalties

Indian courts are increasingly recognising the rights of performers to claim royalties or control over their work. For example, playback singers and background actors have occasionally challenged the unauthorised reuse of their work in promotional content or spin-offs.

In the OTT space, this means that platforms must ensure that performer contracts are robust and include necessary waivers, especially when content is repurposed for trailers, advertisements, or social media.

The shifting legal landscape: What the future holds for IP and streaming in India

India’s OTT revolution has outpaced its regulatory framework, but that is beginning to change. As streaming content becomes culturally and commercially significant, lawmakers, courts, and industry bodies are stepping in to address the gaps in intellectual property governance. For content creators, producers, and platforms, the future will demand greater diligence, transparency, and legal foresight.

A. New guidelines and regulatory trends

While India does not have a dedicated law for OTT platforms yet, several key developments are shaping the environment:

• The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 require streaming services to set up internal grievance redressal mechanisms.
• The Broadcasting Content Complaints Council (BCCC) and other self-regulatory bodies are increasingly calling for transparency in content sourcing, especially with regard to ownership rights.
• The Ministry of Information and Broadcasting has also signalled interest in regulating IP licensing frameworks, especially where public decency, national interest, or misinformation concerns arise.

Although these rules do not directly redefine copyright law, they create pressure for OTT platforms to document content origin and ownership with greater care. Also, please note that the IT Rules, 2021, focus on content regulation and grievance redressal, not directly on IP ownership documentation.

B. Rise of content certification and IP verification

Industry practice is also evolving. Platforms such as Netflix, Disney+ Hotstar, and Amazon Prime Video are beginning to insist on certified chain-of-title documentation for all content. Some also require E&O (Errors and Omissions) insurance, which is only issued after a legal audit of IP ownership.

Keep in mind that practices vary widely. For example, smaller platforms like Zee5 or MX Player may have less stringent IP requirements, while global platforms like Netflix enforce rigorous standards.

Writers and creators are being asked to submit clear assignments, no-objection certificates, and title reports before content is greenlit. This trend is particularly strong in co-productions, adaptations, and biopics.

C. Courts demanding clarity

Indian courts are also emphasising the need for express documentation. Several recent decisions have refused to accept vague claims of ownership unless backed by specific, written agreements. The judiciary is becoming less tolerant of “oral understanding” arguments, especially when large sums and public releases are involved.

D. The future of creator rights

Another notable shift is the growing negotiating power of writers, musicians, and performers. The Screenwriters Association (SWA) and other bodies have begun issuing model contracts to protect creators from overbroad assignments. Some creators now negotiate for reversion clauses, profit shares, or credit control in long-term OTT deals.

If you are a creator, you may find the legal terrain gradually becoming more favourable. If you are a platform, however, your contracts will need to evolve to reflect these demands, both for ethical reasons and to avoid future disputes.

As OTT content becomes more global, legally complex, and commercially valuable, India’s IP framework will likely expand to match its ambition. In the final section, let us revisit what all of this means for you, whether you are a creator, producer, lawyer, or just someone fascinated by the shows you watch every night.

Who really owns what, and why it matters

So, the next time you watch your favourite series or film on Netflix, Hotstar, or any other OTT platform, pause for a moment. Behind every episode lies a web of rights scripts assigned, music licensed, performances recorded, and stories optioned. Intellectual property is not just legal jargon. It is the foundation upon which the entire streaming industry rests. 

How will each play a role? And how does it help you to understand this? 

Now, if you are a creator, your story, song, or screenplay holds value that must be protected, licensed wisely, or assigned with care. Understanding your rights can help you negotiate better deals, retain control where it matters, and avoid seeing your work exploited without due credit or compensation.

If you are a producer, you are the bridge between art and commerce. A strong legal foundation backed by clear documentation of ownership can save you from costly disputes and unlock new revenue opportunities across platforms, languages, and markets.

If you are a lawyer, this field is rich with complexity and constant evolution. Drafting watertight contracts, verifying chains of title, managing royalty frameworks, and responding to takedown demands, these are now everyday realities in the media and entertainment sector.

And if you are a viewer, understanding the back-end of what you watch can be both fascinating and empowering. It helps you appreciate the creators, the process, and the legal order that makes seamless streaming possible.

Ultimately, the question, “Who owns what?” is not just about legal title; it is about fairness, recognition, and creative sustainability in a world driven by stories. Whether you write them, fund them, license them, or binge-watch them, intellectual property is what makes them yours.

Now that you understand this, let us move on to something more important. How do you secure and manage your rights? Let us see!

How to secure and manage IP rights for OTT content in India

Whether you are a filmmaker, screenwriter, musician, producer, or even a lawyer assisting creative professionals, understanding how intellectual property protection in the OTT ecosystem works is vital. The steps below are not just theoretical checklists; they are essential safeguards that can prevent legal disputes, ensure fair compensation, and help your content reach its fullest potential.

Let us begin with the foundation.

Step 1: Identify the IP in your content

Before you can protect what is yours, you must first understand what exactly you own or need to own. OTT content is rarely just one creative work. It is a bundle of multiple IPs, each created, contributed to, or licensed by different people.

Here is how you break it down:

A. Literary works

This includes your script, screenplay, dialogues, and even character arcs. If you are the original writer, you own the copyright unless you have assigned it elsewhere. If the story is based on a book, podcast, real-life incident, or public domain material, clarify the status and obtain necessary permissions.

Ask yourself questions like who wrote the script, was it commissioned or independently developed, and are there any parts of the story that come from another work?

B. Musical works

Music rights are often split into musical composition, lyrics, and sound recording. 

Music rights are owned by the composer, lyrics are owned by the lyricist, and sound recording (owned by the producer or label that funded the recording)

If your OTT content uses original songs or background scores, check whether you have a composer and lyricist agreement, a master recording licence, and royalty clauses for streaming use.

If you are using existing songs (even briefly), a synchronisation licence is mandatory.

C. Artistic works and graphics

This includes title logos, opening sequences, animation frames, and promotional artwork. These are protected as artistic works under Indian copyright law. 

You must ensure that designers or animators have assigned their rights to the producer and that no third-party images or elements are used without a proper license.

D. Cinematographic film and sound recordings

The finished series or film itself is a separate copyrightable entity. The producer or production company typically owns this, provided all underlying rights (script, music, performance) have been assigned properly.

Remember: Owning the film does not mean you automatically own the script, music, or performance rights. These need to be contractually secured.

E. Performance rights

If your actors, singers, or dancers are performing original material, they may hold performers’ rights. These are distinct from copyright and must be waived in writing, especially if you plan to edit, dub, or repurpose their performance later.

Identifying each strand of IP at the outset prevents messy ownership claims later. In the next step, we shall explore how to document these rights clearly to create a secure legal foundation for distribution and monetisation.

Step 2: Document ownership and rights clearly

Once you have identified the intellectual property involved in your OTT content, the next step is to document every bit of it with precision. In this industry, verbal understandings or informal arrangements simply do not hold up. You must assume that if it is not written, it does not exist.

Let us go through how to create a paper trail that protects your rights and gives confidence to broadcasters and platforms.

A. Use written agreements at every stage.

Whether you are acquiring rights from a writer, hiring a composer, or collaborating with a director, you need signed, dated agreements that clearly mention:

• The nature of the work (e.g., screenplay, lyrics, design)
• Whether it is an assignment (complete transfer of rights) or a licence (limited use)
• The duration, territory, and medium (e.g., OTT, theatrical, satellite)
• Compensation terms and royalty structure, if any

I want to remind you not to copy-paste agreements from older projects. Tailor each one to reflect the actual contribution and rights involved.

B. Secure adaptation rights with option or assignment agreements.

If your series or film is based on a book, short story, podcast, biography, or real-life event, then you must obtain the rights formally through an option agreement or a story rights assignment. 

An option agreement is a temporary exclusive right to develop the work, whereas a story rights assignment is a full transfer of IP rights.

These should also include the right to develop derivative works, which means sequels, spin-offs, and merchandise. It also needs to have the right to translate or dub into other languages.

Credit and moral rights clauses are a must, too, especially if the original creator wants attribution.

C. Maintain a clear chain of title.

OTT platforms often ask for a chain of title, a document that traces the legal ownership of the entire content, step by step.

It usually includes:

• Copies of all major agreements (script, music, artwork, performances)
• No-objection certificates (NOCs) from contributors
• Copyright registration certificates (if available)
• Proof of company ownership or internal IP transfer (if the rights sit with a legal entity)

This bundle becomes essential during platform delivery, sale of remake rights, or future syndication.

D. Joint ownership considerations.

Under section 2(z) of the Copyright Act, 1957, a work of joint authorship results in co-ownership, where each co-author has an equal, undivided share unless otherwise agreed. Joint owners must mutually agree on exploitation (e.g., licensing), which can lead to disputes.

But sometimes joint ownership leads to confusion and conflict unless it is clearly defined. If two parties are co-creators, ensure your agreement spells out who will control licensing and distribution, how revenue will be split, and what happens if one party wants to sell or assign their share.

If you are the producer, make your decisions after proper consideration. Joint IP ownership. Instead, acquire full rights and offer revenue participation or screen credits as an alternative.

Step 3: Register your IP

While Indian copyright law does not require registration to assert ownership, registration can serve as powerful proof, particularly in a dispute or infringement situation. For content intended to be streamed on OTT platforms, registration is a practical safeguard that supports both ownership and commercial clarity.

Let us break down what you should register for and how.

A. Copyright registration (optional but strongly recommended)

Copyright exists automatically once a work is created and fixed in a tangible form (e.g., written script, audio recording, edited video). However, registering it with the Copyright Office offers several advantages.

Let us say a dispute happens, and the matter goes to court. Once it is registered, it serves as prima facie evidence of ownership in court

It can also help platforms and insurers verify your IP claims. And most importantly, it protects against false claims or unauthorised adaptations

You can register:

• Literary works (scripts, dialogues)
• Musical works (composition, lyrics)
• Sound recordings
• Artistic works (title designs, posters)
• Cinematograph films (final edited series or movie)

Each registration requires a separate application, an affidavit, and a copy of the work. It can be filed here. A comprehensive guide for copyright registration can be found here. 

B. Trademark registration for titles and logos

If your show’s title, logo, or slogan has distinctive branding potential, especially if you plan merchandise, franchise spin-offs, or long-term use, you should consider trademark registration.

For example:

• A catchy show name like Mirzapur, Scam 1992, or Rocket Boys
• A stylised logo or design used consistently across posters and media

Trademarking gives you exclusive use of the name or logo in specified categories (e.g., Class 41 for entertainment). It also gives you the power to stop others from using confusingly similar titles. A strong position in cross-border licensing and merchandise negotiations is also a plus. 

If you want to know more about trademark registration, click here. 

C. Registering agreements with PROs and collectives

If your music is being used, make sure all relevant parties (composers, singers, labels) are registered with the appropriate Performance Rights Organisations (PROs) such as IPRS, PPL, or Novex.

This matters because it helps collect streaming royalties and ensures compliance if you are using third-party music. Moreover, it avoids overlapping claims during release or monetisation.

In some cases, a producer must also notify the PROs or obtain clearance before release, especially for songs with public performance potential.

To summarise: registration is not just about bureaucracy, it is about leverage. A registered copyright or trademark can stop piracy, defend your title, and strengthen your hand in negotiations.

Step 4: Draft contracts with robust IP clauses

Even the most creative script or visually stunning show can run into legal trouble if the contracts are weak or vague. For content destined for OTT platforms, your agreements must include precise and enforceable clauses on intellectual property because this is where the rights live and breathe.

Here is how you get it right.

A. Define the scope of rights clearly.

Ambiguity is your biggest enemy. Every contract, be it with a writer, actor, director, music composer, or vendor, must spell out:

• What rights are being transferred: Is it a full assignment or a licence?
• For how long: Is it perpetual or time-bound?
• Where: India only, or worldwide?
• On what platforms: OTT, theatrical, TV, YouTube?

For OTT content, always include digital streaming rights and on-demand use. If you plan to dub, subtitle, or translate the content, secure those rights too.

B. Add clauses for derivative works and spin-offs.

Today’s single-season series can become tomorrow’s multi-platform franchise. Your contracts should anticipate that. Include clauses that cover:

• Prequels, sequels, and spin-offs
• Merchandising and gaming rights
• Adaptations into films, books, or regional languages
  

If these rights are not covered upfront, you may find yourself renegotiating or litigating when the content gains popularity.

C. Address moral rights and performers’ rights.

Under Indian copyright law, authors and performers have moral rights, which include the right to be credited and the right to object to the distortion or mutilation of their work.

You must handle these carefully. For writers, directors, and actors, include a clear waiver or limitation of moral rights (to the extent permissible). A credit clause defining how and where their names will appear should also be included. And a performer’s consent to editing, dubbing, or repurposing their contribution must be added.

If this is not addressed, it could block your ability to make trailers, recap videos, or promotional content.

D. Include indemnity and warranty clauses.

Protect yourself from future claims. Every contributor should warrant that their work is original and does not infringe third-party rights. They should also indemnify the producer or platform against any legal claims arising from their work.

This is especially crucial when someone submits a script, music track, or video clip that might unknowingly be plagiarised or based on someone else’s work.

E. Confirm transfer of rights in writing.

Under Indian law, copyright assignment must be in writing. A verbal agreement or email chain will not hold in court. Make sure your contract uses language like:

“The Author hereby assigns all rights, title, and interest in the Work to the Producer, including but not limited to the right to reproduce, adapt, publish, communicate to the public, and commercially exploit the Work in all formats and media now known or hereafter developed.”

Always attach a schedule that describes the work being assigned, e.g., “Script titled City Under Fire written on 3 January 2025.”

Contracts are your insurance policy in the streaming world. You cannot afford to treat them as paperwork. Treat them as the legal spine of your production and draft them accordingly.

Step 5: Prepare for OTT platform delivery and IP clearance

You have developed, documented, and registered your content. Your contracts are airtight. Now comes the moment you have been building toward: delivering your content to an OTT platform or negotiating a licensing deal. This is not merely a file transfer; it is a legal and commercial transaction. And at its heart lies one question: Can you prove you own what you are selling?

Here is how to prepare.

A. Compile a complete IP dossier.

Every major platform, be it Netflix, Hotstar, Amazon Prime Video, or Sonyliv, will expect a comprehensive set of documents before accepting your content. This is often called the IP Dossier or Legal Deliverables Pack, and it must include:

• Chain of title documents: All agreements showing how you acquired the rights to the script, music, performances, footage, and artwork.
• Copyright certificates: For literary works, music, sound recordings, and final film (if registered).
• Assignment and licence agreements: Clearly signed and dated, with proper clauses on scope, territory, and duration.
• No objection certificates (NOCs): From collaborators, crew, location owners, or any third parties whose work or property appears in the content.
• Trademark clearance: If your title or logo is trademarked, or if you have obtained clearance to use another brand’s mark.
• Music cue sheets and composer agreements: Listing every piece of music used, its source, ownership, and licensing details.
• Talent releases: Confirming that actors and performers consent to distribution, dubbing, editing, and marketing.
  Platforms often run this file through legal review and will not proceed without 100% clearance.

B. Understand platform agreements and their IP terms.

When an OTT platform decides to host your content, it may propose one of the following deals:

• Licensing agreement: You retain ownership of IP, and the platform gets exclusive or non-exclusive rights to stream the content for a fixed period.
• Commissioning agreement: The platform funds development and often demands full IP ownership or exclusive worldwide rights.
• Co-Production agreement: You share IP and revenue, but both parties have a say in exploitation and branding.

Do not hesitate to negotiate the IP clause. If you own the content, ensure that your ownership is explicitly stated. If the platform wants full ownership, ask for fair compensation and credit guarantees.

C. Check for third-party IP Usage and permissions.

If your content features background music from YouTube or Spotify, artwork, photos, or memes from the internet, brand names or products visible on screen. You might also have to check for footage of real-world locations, signs, or architecture.

Then you must ensure that you have secured the relevant permissions or licences. Platforms will flag this during review and may refuse delivery if they sense IP risks.

D. Keep IP management ongoing.

Your work does not end with delivery. You must continue to manage your IP actively. 

What does this mean? 

You need to monitor for piracy or unauthorised uploads, renew or extend any time-bound licences, and track your revenue and royalty streams.

You can also prepare for future exploitation of foreign rights, remakes, adaptations, or spin-offs.

Think of your IP like a living asset. It must be maintained, defended, and commercially nurtured, long after the show goes live.

That brings us to the end of your 5-step journey on managing intellectual property on OTT platforms.

Conclusion: The show ends, but the rights remain

When you sit back to watch a gripping series or a heart-wrenching film on Netflix or Hotstar, you see the story, the emotions, the visual magic. But behind every second of that content lies an invisible but indispensable structure of intellectual property.

Whether you are a screenwriter penning your first script, a producer juggling budgets, or a lawyer advising creative clients, you now know that IP is not an afterthought. It is the very spine of the streaming economy.

If you fail to protect it, you risk losing ownership, revenue, or even your legal footing. But if you get it right from development to documentation, from contract drafting to delivery, you give your content the power to travel across screens, countries, languages, and time. You turn it from a one-time project into a long-term asset.

So ask yourself: Who owns what in your next OTT project? Let the answer not be a mystery, but a matter of record.

Because in the world of streaming, content may seem valuable, but IP holds all the rights. 

FAQs

1. What happens to the IP when a show is taken off a platform?

When a show is removed from an OTT platform, it does not automatically mean the platform owns the IP. Most often, the licence simply expires, and the rights revert to the original content owner, typically the production house or creator. The OTT platform loses its right to stream the content but may retain data or analytics collected during its run, depending on the contract. If the platform commissioned the show and owns the IP, it may choose to archive it or license it elsewhere.

2. Can an Indian filmmaker license content internationally while retaining domestic OTT rights?

Yes. This is called a territory-split licensing model. A filmmaker or producer can license streaming rights in India to one OTT platform and retain or separately sell the rights for overseas markets. This is especially common for regional content or films targeting the Indian diaspora. The key is to specify the territorial scope clearly in licensing agreements.

3. Does dubbing or subtitling a film create new IP?

Yes, dubbing and subtitles are considered derivative works under Indian copyright law. They require specific permission from the copyright holder of the original work. The dubbed or subtitled version may involve shared or separate ownership, depending on the contract. Translators or dubbing artists may also hold limited moral rights if their contribution is significant.

4. Who owns the IP in an OTT platform’s self-produced docuseries based on real events?

In such cases, the platform or production company usually owns the IP in the final creative expression, such as the script, narration, visuals, and editing, but not in the underlying facts or real events, which are generally not copyrightable. However, if the story is based on a specific biography, book, or exclusive interview, then separate life rights or adaptation rights must be secured.

5. How does co-production affect IP ownership between a production house and an OTT platform?

In a co-production, IP ownership is usually shared between the platform and the production house. The agreement should define:

• Who controls licensing, distribution, and merchandising?
• How are revenue and costs split?
• Who gets creative control?

Joint ownership can be complex, so contracts must clearly outline decision-making rights to avoid future disputes.

6. Can creators reclaim their rights if a license lapses or the platform shuts down?

Yes, if the contract includes a reversion clause, creators can reclaim rights after the license term ends or if the platform ceases to operate. Without such a clause, the rights remain with the platform or its assignee until the expiry of the agreed period. Creators should always negotiate for reversion clauses, especially in licensing deals rather than outright assignments.