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Protection of Copyright:: Small story of a writer

Category: IPR

Published On: December 18, 2016

By: AKA

Comment: No Comments

  • R G Anand wrote a Drama named “Hum Hindustani” in 1993. It was stage played in 1995 and got appreciation in various News Papers.
  • “Delux Films” has shown their interest in making a film based on the story and discussed the storyline in 1994.
  • In 1995 one of the artists of “Hum Hindustani” has seen a movie named “New Delhi” made by “Delux Films” and informed Mr. Anand that it was a copy. Viewers and the Press also commented that film was based on the drama.
  • Anand sued “Delux Films” but Trial Court and ultimately Supreme Court gave judgments in favour of “Delux Films”.
  • Here SC laid down few Principals-
    • There cannot be any Copyright in any Idea, Theme, Plot, Subject-matter, historical or legendary matter.
    • If the Theme is same but presented in a different from there is no infringement.
    • Task of a play writer to prove piracy on a Film producer is very tough. Unlike stage play Films has larger perspective, bigger background.

Hence there is a very thin line between “motivation adaptation” and blatant copy.

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