R.G Anand V. Delux Films , 1978 4 SCC 118

Name of the case -R.G Anand V. Delux Films , 1978 4 SCC 118 .

Decided On, 18 August 1978 At, Supreme Court of India By, HON’BLE JUSTICE SYED M. FAZAL ALI BY, HON’BLE JUSTICE JASWANT SINGH AND HON’BLE JUSTICE R. S. PATHAK S. N. Andley, Mahinder Narain, Rameshwar Nath, Hardyal Hardy, H. S. Parihar, N. Shroff, Advocates. 

Published In:- Published In 1978 AIR (SC) 1613, 1978 (4) SCC 118, 1979 (1) SCR 218

ISSUE

Did the defendants’ movie “New Delhi” encroach upon the copyright of the plaintiff R.G. Anand’s play “Hum Hindustani”, specifically by adopting its core plot and themes in disguise of different treatment.

RULE

The Supreme Court established nine widely accepted principles of law to determine copyright infringement. First, there is no copyright on mere ideas, themes, subjects, or plots; copyright only in the distinctive expression of such ideas. Second, similarity of subject matter or theme does not constitute infringement unless story and presentation are substantially the same. Third, general similarities are not enough; the court has to consider the growth and expression of the idea. Fourth, the final test is the impression one gets after viewing or reading both works: would they consider the second a copy of the first? Fifth, if the viewer only considers it as being inspired, there is no infringement. Sixth, creation of an idea in alternative forms does not infringe on copyright. Seventh, copying infringement must involve copying of the original work’s essential or fundamental characteristics. Eighth, trivial or sporadic copying is not enough on hand there has to be material and substantial taking. Ninth, the courts need to be evaluate infringement on a holistic approach just instead of dissecting the works technically.

ANALYSIS

Basing itself on these principles, the Court directly contrasted the play of the plaintiff and the film of the defendant. Although both pieces dealt with the subject of provincialism, that would not be enough to warrant a finding of infringement. There were several other themes contained in the film—like casteism and the dowry system—that were not present in the play. The treatment, situations, dialogues, structure, and presentation of the film were all considerably different from those of the play. The Court, after witnessing the film and listening to the play being read out in dramatic reading by the plaintiff himself, ruled that similarities were not substantial or material. The ordinary viewer would not find the film to be a copy. Though the script of the film may have been inspired by striking features of the play, it ventured into greater areas of content and contained some autonomous themes. The Court reminded that slight changes or coats of dissimilarity could not be employed as a device to hide copying, and such efforts ,if established, would constitute colourable imitation. Still, in the present case, both the trial court and the High Court had concluded that there was no such unfair appropriation. In view of the concurrent findings of fact and the evidence that the film materially differed from the play, the Supreme Court hesitated to intervene. So, the handling of the theme in the movie could not be held to constitute piracy or violation of the plaintiff’s copyright.

CONCLUSION

The Supreme Court dismissed the appeal and held that there was no copyright infringement. I agree with the judgment, as it rightly upholds the distinction between idea and expression, ensuring that creativity and inspiration remain free while protecting original expression.

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