The Delhi High Court in the case Bikramjeet Singh Bhullar v. Yash R AJ Films Private Limited And Ors observed and has dismissed the application moved seeking interim injunction against the streaming and broadcasting of ‘Shamshera’ film in a suit filed by one Bikramjeet Singh Bhullar, wherein it has been claimed that the movie is an infringement of his copyrighted script ‘Kabu na chhadein Khet.’
The bench headed by Justice Jyoti Singh in the case observed that there can be no copyright in ideas and themes.
The court in the case clarified that the observations made will not impact the trial or final adjudication of the Bhullar’s copyright infringement suit on merits.
Therefore, the court stated that the ideas in the script of the Plaintiff cannot be given copyright protection and more so in the stock elements. Thus, the comparison of the script and the impugned film does not leave an impression that one being the substantial copy of the other.
The court in the case observed that there can be no such doubt that writers must be given their due as the plaintiff is unable to make out a prima facie case of copyright infringement and thus no relief which can be granted in favour of the Plaintiff injuncting the Defendants from continuing with the telecast of their film on the OTT Platforms.
It has also been directed by the court that the makers and producers of film which includes the Yash Raj Films Private Limited, for filing an affidavit disclosing their up-to-date revenues earned from the telecast of the film.
The bench of Justice Singh in the case observed and has stated that the themes like father-son story where the two look alike, use of children, birds, hot oil, horse, underground tunnels etc are common to most Bollywood movies and agreeing with the claim of Bhullar’s would amount to granting monopoly over ideas, which would be contrary to the Supreme Court judgment in the case R.G. Anand v. Delux Films and Others.
The court in the case stated that the dissimilarities between the script and the film outweigh the alleged similarities, and the similarities by themselves are not sufficient to raise a presumption of c of copyright infringement at the interim stage in favour of Bhullar.
Adding to it, the court stated that there being no uniqueness in these ideas or expression and in the words of the judgements of the said court, thus, almost every author of a fiction would conjure them as consequential concomitant effects, as a matter of common grasp and ‘Scenes a Faire’ which carry no copyright.
The court while considering the facts and circumstances of the case observed that last year the court has allowed the release of movie the on OTT platforms, which being subject to Yash Raj Films depositing Rs. 1 crore with the Registrar General.
