Copyright Infringement: Yash Raj Films restrains infringer from copying Band Baja Baaraat

August 9,2019:

Yash Raj Films Pvt. Ltd. is the owner of the copyright of the script, screenplay and all other related works of the blockbuster movie “Band Baja Baaraat”. The film was released across 629 screens in India and 114 in abroad in 2010. Delhi High Court in a recent judgment held that Sri Sai Ganesh Productions and others had infringed the copyright of Band Baja Baaraat.

In 2011, the plaintiff planned to remake the aforesaid film in Tamil and Telugu languages. A huge amount was incurred as expenditure for remaking. Through public notice in Tamil and Telugu language, it was declared that Yash Raj Films Pvt. Ltd. is the sole owner of this film and related musical, literary, dramatic and cinematographic works.

The plaintiff sent two legal notices to the defendant to stop any work on remaking the film “Band Baja Baaraat” in Telugu language but the trailer of “Jabardasth” (the film in issue) was released in the year 2013. According to Yash Raj Films Pvt. Ltd., the story and other literary and cinematographic works of “Jabardasth” are similar to “Band Baja Baaraat”. It was alleged that the defendant unlawfully sold the rights of the impugned film to dub and release in the Tamil language titled “Dum Dum Pee Pee”. This is a clear case of copyright infringement. Section 14 of the Copyright Act 1957 protects the Copyright of the original holder.

The Court defined the concept of “Copying a film”. The learned Court referred the case of R.G. Anand Vs M/s Deluxe Films and Ors 1978. 4 SCC 118 and stated that making a copy of the film does not mean just to make a physical copy of the film by a process of duplication but also refers to another film which materially reproduces the original film.

The Court compared the kernel of the two advertisements of the two films and observed that the defendant has infringed the copyright of the film “Band Baja Baaraat”.

The defendant challenged the jurisdiction of the Court and through the provisions of the law, it has been cleared that the Court has the jurisdiction to deal the case. On July 8th 2019, the suit in favour of the plaintiff and awarded costs in favour of Yash Raj Films Pvt. Ltd.

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