Yash Raj Films Pvt Ltd. v. Sri Sai Ganesh Productions and Ors.

Case Name: Yash Raj Films Pvt Ltd. v. Sri Sai Ganesh Productions and Ors.

Case Citation: CS(COMM) 1329/2016 decided on 8th July 2019

The Relevant Acts and Sections:

Parties involved:

Bench: Honourable Mr. Justice Manmohan

Yash Raj Films Pvt Ltd (YRF) is a reputed production house nationally and internationally. It produced a Bollywood film named 'Band Baja Baarat'. It was released on 10th Dec 2010 in India. The copyright of this film was with YRF. The defendant, Sri Sai Productions were making a remake of this film. YRF came to know about this in 2011. They tried to send to stop them by sending various notices. But the defendant did not respond. They released the trailer and subsequently the film even after multiple notices. the defendants also sold their rights to another production house. The plaintiff filed suit against the defendants for copyright infringement.

Whether the term 'copyright' means only the underlying works or includes the independent film as well?
Whether the expression ‘to make a copy of the film’ under Section 14 extend only to making a physical copy of the film?

The plaintiff contended that there was an uncanny similarity between the two films. The beginning, development, overall storyline, as well as characters, were similar. They added that anyone who watches the film would recognize it be similar to 'Band Baja Baarat'. They contended that the defendants have committed copyright infringement.

The defendants contended that the court did not have the jurisdiction to decide the case. The film was shot, directed and released in Hyderabad.

The Court held that "a film is recognized as being more or greater than the sum of its parts and copyright subsists in a „cinematograph film‟ as a work independent of underlying works that come together to constitute it. Further, though the expression "original" is missing in Section 13(1)(b) of the Copyright Act, 1957, yet the requirement of originality or intellectual creation is brought in through Sections 13(3)(a) and 2(d)."
The Court also held that "the expression "to make a copy of the film" in Section 14(d)(i) does not mean just to make a physical copy of the film by a process of duplication."
In this case, the Court said that "the defendants have blatantly copied the fundamental, essential and distinctive features as well as forms and expression of the plaintiff's film on purpose and consequently, have infringed plaintiff's copyright in the film, 'BAND BAJA BARAT'.

For a more simple understanding, refer to the article " What Happens When You Infringe Copyright? " by clicking the button below.

Related Posts