The Delhi High Court opined that the copyright of a movie does not extend to encompass the copyright of its screenplay. The Court highlighted that the definition of a "cinematograph film" as provided in Section 2(f) of the Copyright Act, 1957 includes elements such as the soundtrack but specifically excludes the screenplay.
Brief Facts:
A Commercial Civil Suit was filed before the High Court, to adjudicate upon the issue of copyright ownership regarding the movie 'Nayak'. The central question at hand was whether the rights to the film's screenplay belonged to the screenwriter, particularly when the author had been commissioned by the film's producer to write it.
Contentions of the Plaintiffs:
The plaintiff, representing the Hindu Undivided Family (hereinafter referred to as “HUF”), claimed to be the successor in title to RDB. As the producer of the film, it was asserted that copyright in the film, along with all indirect, derivative, and related rights, vested in RDB at all times. The plaintiff relied on Clause (b) of the proviso to Section 17 of the Copyright Act, 1957 (hereinafter referred to as the “Copyright Act”) to establish copyright ownership in the screenplay of the film.
Contentions of the Defendants:
It was asserted that they have not used any part of the film in which the plaintiff holds the copyright. It was alleged that the Defendants have only used the screenplay, which is a literary work, and still photographs from the film, where copyright is vested in Satyajit Ray, in their novel. Thus, there was no infringement of the plaintiff's copyright.
Observations of the Court:
The Court opined that the assignment of the right to novelize the screenplay was done lawfully with the authorization of the rightful copyright holder.
The Court ruled that the definition of "cinematograph film" in Section 2(f) of the Copyright Act includes the soundtrack but excludes the screenplay. The Supreme Court had previously addressed the issue of whether a creator of a musical work, who granted a license or permission for its inclusion in a film's soundtrack, could prevent the film from being publicly screened. The Supreme Court ruled that the creator could not prevent the screening but clarified that their right to commercially exploit the musical work remained intact.
The decision of the Court:
Therefore the Delhi High Court held that the Plaintiff lacked any legal right to prevent the defendant from novelizing the screenplay of the film "Nayak" through an injunction.
Case Title: RDB and Co. HUF v Harpercollins Publishers India Private Limited
Case No.: Commercial Civil Suit 246 of 2021
Coram: Hon’ble Mr. Justice C. Hari Shankar
Advocates for Plaintiffs: Advs. Mr. Hemant Daswani, Mr. Siddhant Shrivastava and Mr. Sarabpreet Singh
Advocates for Defendants: Advs.Ms. Swathi Sukumar, Ms.Ashima Obhan, Ms.Taarika Pillai Mr.Naveen Nagarjuna and Ms.Tarini Sahai
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