10/07/2025
A senior once advised me to leave my screenwriting work in Mumbai, saying:
"Now that you're a lawyer, you can't be involved in movie ventures. It's against the ethics of the legal profession."
I doubted that. I've seen lawyers write books, consult on shows, even get credited in films. So I did what any lawyer would do - I researched the law.
At the time, I was working remotely on screenwriting assignments( a major source of financial support for me).
But since I developed a liking for the law more, I decided to take a leap of faith, stepped away from screenwriting, and committed myself fully to the study of law.
However, during my research, this is what i found. Jotting it down here so that it might help anyone caught between law and the arts.
1. Screenwriting is legally treated as a service, not a business - Under Indian law (especially GST), screenwriting is classified as a “supply of service”, not a business or trade.
2. Lawyers are barred from running businesses, but not from offering services. According to the Bar Council of India rules, advocates are prohibited from engaging in business while practicing law; however, creative services such as writing, teaching, and research are permitted.
3. GST clearly classifies screenwriting as a taxable service. Whether you're assigning a script or licensing rights, it's a service transaction, taxed at 12% or 18%, depending on the nature of the deal.
4. Income from screenwriting is treated as professional income under the Income Tax Act. Similar to consulting or legal drafting, it is classified under ‘Profits and Gains of Profession’.
5. The Copyright Act treats screenwriters as authors and first owners of their work. Unless rights are explicitly assigned by contract, the writer retains full ownership, confirming their independent status.
6. Most screenwriting agreements are contracts for service, not contracts of service. Writers work independently, on project basis, and are not considered employees. This supports their classification as professional service providers.
7. Writers have unwaivable royalty rights under law. Post the 2012 Copyright Amendment, screenwriters in India have a statutory right to future royalties, even if a contract says otherwise.
8. A lawyer can write screenplays as long as it is not structured as a business entity. You don’t need a company to write scripts. As an individual, it qualifies as freelance professional work, within ethical boundaries.
9. The legal system increasingly protects screenwriters. Cases like Jyoti Kapoor v. Kunal Kohli and Kapil Chopra v. Vishesh Films show courts treating screenwriters as authors with contractual and copyright rights.
10. Screenwriting is now recognised as skilled creative labour. Writers have begun unionising (e.g. Screenwriters Association, SRAI), and the legal system now views screenwriting as professional, rights-based creative work, not mere commercial trade.