• Sign In/Sign Up
  • Menu
  • +Clients Back

    • Get Free Legal Answers
    • Get Fee Estimates
    • Find Lawyers
  • +Lawyers

    • Case Diary & Office Manager
    • Post News & Artilces
    • Post Jobs & Internships
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • Legal News
  • COPYRIGHT CASE

Latest News

Back

COPYRIGHT CASE

Courtesy/By: Aman Jaisawal  |  01 Sep 2021     Views:227

The Allahabad High Court has refused to grant any interim relief against release of Amitabh Bachchan starrer Bollywood film 'Chehre' in a plea alleging copyright infringement (Uday Prakash v. Anand Pandit).

Single-judge Justice JJ Munir said that while the movie and the copyrighted work alleged to have been plagiarised, appear to have come from a common source, they are materially different in treatment and development.

"There is, thus, prima facie a materially different and distinctive development and treatment of the same theme in both the scripts. In the prima facie opinion of this Court, there is, apart from the fundamentals of the basic theme that appear to have come from a common source, no such distinctive feature in the copyrighted version that have been prima facie plagiarized," the order said.

The Court was hearing an appeal against an order of District Judge, Ghaziabad who had rejected the application of the plaintiff, Uday Prakash for temporary injunction in his suit for infringement of copyright.

It was Prakash's case that his copyrighted script was plagiarised by defendant, Anand Pandit who is the producer of 'Chehre'.

The plaintiff contended that he had obtained copyright registration for his work from Copyright Office, New Delhi under the name 'Highway-39' way back in 2007.

He later discussed the copyrighted work with one of his acquaintances, Mazhar Kamran, who was at the relevant time, working with the plaintiff as a cameraman on several audio visual projects.

Later, Mazhar Kamran had assured the latter that he would show the copyrighted work to a few prominent producers, of whom Anand Pandit was one (defendant no.1).

In June 2019, Prakash came to know, from reliable sources in the film industry, that Pandit is making a movie which is very similar to his copyrighted work.

"The plaintiff claims that he was given information that defendant no.1 has scheduled a release of the movie under the name and title of ‘Chehre’. The plaintiff also asserts that he read news and collected information available in the public domain that the movie, last mentioned, went into production somewhere around the month of May, 2019," the Court noted.

The plaintiff contended that he has so far not assigned, transferred or sold his copyright in the copyrighted work to any third party and he holds it in his name alone.

The violation of the plaintiff’s copyright is causing loss of name and reputation to the plaintiff, it was submitted.

It was further argued that the infringement due to production and release of the feature film would cause the plaintiff severe harassment, loss of reputation and a cascading effect on the plaintiff’s professional prospects, vis-a-vis his reputation as an author.

The Court, however, compared the two scripts after which it opined that it shows that while the principle theme is common to both scripts, there are "a host of differences in the script leading to the feature film."

In this light, the Court rejected the plea for temporary injunction to stay the release of the movie.

The Court, however, directed the trial court to decide the suit expeditiously and conclude the trial within four months.

"It is, therefore, to be ordered that if the plaintiff succeeds, all further displays of the feature film shall have to carry an acknowledgment, suitably to be displayed that the movie is based on the copyrighted work, which is the plaintiff's authorship. Also, the trial of the suit is to be expedited. Since the learned District Judge is hearing the suit himself, he will proceed with the suit, fixing one date every week and endeavour to conclude the trial within four month," the Court further said.

The Court also clarified that all its observations are for a decision on the aspect of temporary injunction and shall not have any bearing on the trial.

"It must be remarked here that whatever comparison has been done, is not, in any manner, a final expression of opinion on merits about the distinctive similarities or the dissimilarities. That is something that has to await trial, where wholesome evidence would now be led. All the remarks here are limited to the decision of the temporary injunction matter and nothing more," the order said.

 
 

Document:


Courtesy/By: Aman Jaisawal  |  01 Sep 2021     Views:227

News Updates

Order 1 Rule 10 of the Code of Civil Procedure (CP...
07 Jun 2023     Views:43
Understanding the Laws of War: Protecting Humanity...
03 Jun 2023     Views:65
Understanding the Code of Criminal Procedure (CRPC...
02 Jun 2023     Views:65
The National Drug and Psychotropic Substances (NDP...
01 Jun 2023     Views:57
A Step-by-Step Guide: How to File an FIR in India...
31 May 2023     Views:65
Zero FIR: An Effective Tool for Prompt Criminal Ju...
30 May 2023     Views:91
Unveiling the Dissent of Judges in Judicial Judgme...
28 May 2023     Views:83
Environmental Laws in India: Safeguarding Nature f...
25 May 2023     Views:151
The Recusal of Supreme Court of India Judges from ...
24 May 2023     Views:90
Understanding the Jurisdiction of the Supreme Cour...
23 May 2023     Views:134
Article 142 of the Constitution of India: A Compre...
22 May 2023     Views:134
Landmark Judgments in Arbitration Law in India: A...
21 May 2023     Views:207
Landmark Cases on Anticipatory Bail in India: A Pa...
20 May 2023     Views:162
Embracing the Future: How AI is Revolutionizing th...
18 May 2023     Views:115
Understanding Narcotics Laws in India: A Comprehen...
17 May 2023     Views:148
Understanding Indian Laws on Cross-Border Transact...
16 May 2023     Views:134
ADR mechanism of legal adjudication in India...
15 May 2023     Views:99
Validity of foreign arbitral award in India throug...
14 May 2023     Views:110
Scope of Section 151 CPC...
13 May 2023     Views:232
Detailed Overview on Section 482 of Crpc...
11 May 2023     Views:305
Scope of Decree under CPC...
10 May 2023     Views:197
Legal development of Arbitration Laws in India....
09 May 2023     Views:240
Arbitration Laws in India...
07 May 2023     Views:176
Impact of COVID-19 on Legal Industry...
06 May 2023     Views:167
Chargesheet not having authority's valid sanction ...
02 May 2023     Views:270
Same-Sex Marriage in India...
30 Apr 2023     Views:212
National Commission for Women...
27 Apr 2023     Views:173
Law making process of India....
26 Apr 2023     Views:227
Bail Provisions in India...
25 Apr 2023     Views:245
Life imprisonment in Criminal Law in India...
24 Apr 2023     Views:138
Contempt of Court...
23 Apr 2023     Views:245
The collegium system of Judiciary in India....
22 Apr 2023     Views:148
Remarriage before Expiry of Limitation Period to f...
21 Apr 2023     Views:210
Need for strict measure of NDPS laws in India....
20 Apr 2023     Views:152
Nature of Offence under Section 138 of NI Act is Q...
19 Apr 2023     Views:209
Order VII Rule 11 CPC: Plaint cannot be rejected m...
18 Apr 2023     Views:246
Mediation: At the Dawn of Golden Age organized at ...
16 Apr 2023     Views:286
Central Government's motto should be mediate, not ...
15 Apr 2023     Views:203
Ambedkar Jayanti Celebrations...
14 Apr 2023     Views:316
Supreme Court of India calls for Preventive Measur...
12 Apr 2023     Views:160
Pursuing LL.M is not break in Law Practice, Rules ...
11 Apr 2023     Views:204
Law should take into consideration realities of co...
10 Apr 2023     Views:204
Delhi High Court said that peeping into public bat...
08 Apr 2023     Views:207
Delhi High Court denies bails to AAP's Satyendra J...
06 Apr 2023     Views:807
Supreme Court’s Triple Talaq Judgement Would App...
30 Jan 2023     Views:585
Article 311(1) | An Order of Removal From Service ...
26 Jan 2023     Views:952
Leaders shouldn't disrespect the President or Pri...
17 Jan 2023     Views:467
New bench will hear Ashwini Upadhyay's Supreme Cou...
15 Jan 2023     Views:546
Person Who Drove Rashly with the Knowledge that it...
12 Jan 2023     Views:580
The rigours of Section 37 of the NDPS Act cannot b...
11 Jan 2023     Views:533
Supreme Court sends a notice about a petition for ...
09 Jan 2023     Views:770
The Meghalaya High Court's hold on the MoU definin...
08 Jan 2023     Views:781
Google's appeal of the ?1,337 crore fine from the ...
04 Jan 2023     Views:242
SC Issues Notice In A Batch Of Pleas Challenging T...
03 Jan 2023     Views:315
The Supreme Court rejects appeals against the 2016...
02 Jan 2023     Views:307
Chanda Kochhar and her husband Deepak Kochhar rema...
01 Jan 2023     Views:332
Gender Discrimination in intestate succession unde...
29 Dec 2022     Views:552
Section 300 CrPC BarTrial of a Person Not Only for...
29 Dec 2022     Views:423
Centre Informs Rajya Sabha That There Is No Propos...
28 Dec 2022     Views:314
Calcutta High Court: Depriving wife of her Stridha...
27 Dec 2022     Views:464
Sec 498A: An Apology should be tempered with genui...
24 Dec 2022     Views:292
Kerala High Court: Search engines like Google cann...
23 Dec 2022     Views:387
Rules of the Game Cannot be Changed After the Game...
23 Dec 2022     Views:1174
Bombay High Court: Social Media has become an impo...
21 Dec 2022     Views:438
Calcutta High Court Grants Bail to Murder Accused ...
19 Dec 2022     Views:376
Sec 438 CrPC: Anticipatory Bail Plea is Not Mainta...
19 Dec 2022     Views:546
Rights of secured creditors under SARFAESI, Recove...
18 Dec 2022     Views:298
Can a man accuse his wife of domestic violence? De...
17 Dec 2022     Views:576
CRITICAL ANALYSIS OF BAIL PROVISIONS UNDER THE IND...
15 Dec 2022     Views:582
Guardianship of an illegitimate minor granted to h...
14 Dec 2022     Views:280
Under the POCSO Act, rehabilitation of the victim ...
14 Dec 2022     Views:293
CRITICAL ANALYSIS OF BAIL PROVISIONS UNDER THE IND...
13 Dec 2022     Views:797
The current collegium system shouldn't be abandone...
10 Dec 2022     Views:337
Framing of a uniform marriage code applicable to a...
09 Dec 2022     Views:425
Telangana High Court: Appropriation of a Decree of...
07 Dec 2022     Views:283
Appointment Cannot Be Denied Merely Because The Ca...
06 Dec 2022     Views:486
FIR has been Lodged for Settling Monetary Dispute-...
06 Dec 2022     Views:341
Form 16 Issued By Employer Is Reliable Evidence To...
06 Dec 2022     Views:756
Bombay high court issued instructions in a PIL loo...
06 Dec 2022     Views:579
CA Cannot Be Prosecuted for ingenuine documents su...
05 Dec 2022     Views:486
Bombay High Court Slams Maharashtra's State Mental...
04 Dec 2022     Views:208
Ex-parte order passed by Delhi High Court for prot...
04 Dec 2022     Views:268
AFTER HAVING CONSENSUAL INTERCOURSE, DECLINING TO ...
30 Nov 2022     Views:463
Allahabad HC Rules That Marriage Certificate Issue...
29 Nov 2022     Views:496
CALCUTTA HIGH COURT ASKS BCI TO REPLY TO THE PLEA ...
28 Nov 2022     Views:219
Second and Successive Anticipatory Bail Applicatio...
26 Nov 2022     Views:304
Court Sentences Man To Six-Month Imprisonment For ...
26 Nov 2022     Views:217
Delhi High Court awards grande legal costs of Rs. ...
24 Nov 2022     Views:316
What Will Happen If Lawyers Go on Strike and Meet ...
23 Nov 2022     Views:277
KERALA HC HELD THAT HUSBAND IS LIABLE FOR SEX WITH...
23 Nov 2022     Views:1254
SC Refuses To Entertain Plea Seeking Two Child Pol...
22 Nov 2022     Views:248
DUE TO DISTRICT JUDGES' RELUCTANCE TO GRANT BAIL O...
21 Nov 2022     Views:210
Supreme Court seeks Union Government to answer a p...
21 Nov 2022     Views:287
SOCIETY'S OUTRAGE NOT GROUND TO SUPPRESS FREE SPEE...
20 Nov 2022     Views:255
Plea for guidelines on seizure of digital device...
19 Nov 2022     Views:286
MLA Poaching case...
19 Nov 2022     Views:213
Supreme Court stays Bombay High Court's observatio...
18 Nov 2022     Views:311
P&H HC SAYS, CHEQUE BOUNCE COMPLAINT FILED ON THE ...
16 Nov 2022     Views:247
J&K will always be part of India; Civil society gr...
15 Nov 2022     Views:251
POCSO not meant to criminalise consensual romantic...
14 Nov 2022     Views:299
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Sabrimala Verdict (28 sept 2018) - A End of Taboo.
    On 07 Oct 2020    Views:90591
  • DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882
    On 08 Jul 2020    Views:62927
  • Case Analysis: THE BERUBARI UNION CASE
    On 14 Dec 2020    Views:62868
  • Case Analysis: Vellore Citizens Welfare Forum vs Union of India
    On 11 Dec 2020    Views:56765
  • A.K. Gopalan v. State of Madras (1950 AIR 27, 1950 SCR 88)
    On 08 Nov 2020    Views:50918
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

Allow Cookies!

By using our website, you agree to the use of cookies

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1127 ]
  • Legal Maxims

Connect

Lawsisto Direct

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.