Yash Raj Films Pvt. Ltd. v. Sri Sai Ganesh Productions & Ors.

Relevant Acts and provisions

Copyright Act, 1957

Section 14Section 51

Provisions considered: Sections 14 and 51 of the Copyright Act, 1957, on substantial copying of a cinematograph film.

Brief facts

Yash Raj Films, producer of a Hindi film, sued a Telugu production house alleging that its film was an unauthorised remake copying the plot, character arcs, sequence of events and specific dramatic situations of the plaintiff's film without a licence, infringing copyright in the script and film. The defendants denied copying, contending that similarities were confined to a general wedding-planning theme that is not protectable, and that their film had independent character treatment.

Issues before the Court

1. Does the idea-expression dichotomy shield a film sharing only a generic theme, or do specific plot and character similarities amount to substantial copying?
2. What test determines substantial and material copying of a cinematograph film?

Court's findings

The Court held that while a mere theme, such as a wedding-planning setting, is not protectable under the idea-expression dichotomy, the specific expression of that idea through a particularised sequence of events, character arcs and their interrelationship can be protected, and copying such expression amounts to infringement even without identical dialogue or scenes.

Applying the substantial and material similarity test from the perspective of an ordinary viewer, following R.G. Anand, the Court found on scene-by-scene comparison that the defendants' film replicated a substantial number of specific plot points, character equations and narrative beats in the same sequence, going beyond thematic similarity into copying of protected expression.

The Court accordingly held that the defendants had infringed the plaintiff's copyright by producing an unauthorised remake, and rejected the defence based on general thematic similarity.

Decision

Permanent injunction granted restraining exhibition, distribution and exploitation of the defendants' film as an infringing, unauthorised remake.

Cases cited

• R.G. Anand v. Delux Films, AIR 1978 SC 1613

Authorities referred to in the decision. Please verify each citation in the judgment itself.

Keywords

Cinematograph Film Copyright Infringement Film And OTT Content Idea-Expression Dichotomy Substantial Similarity