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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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