Holding that it is “necessary to send a strong message that creations of story writers need to be treated with dignity and respect and cannot always be made subservient to commercial interest of distributors and producers”, Bombay High Court recently found the makers of a Bollywood film, Jannat-2, guilty of copyright infringement and restrained its satellite release.
Ruling in Kapil Chopra v Kunal Deshmukh, Vishesh Films and Fox Star Sudios, a division bench of the court allowed an appeal against a ruling of a single judge of the court who had declined to grant an interim injunction against the release of the film.
The court held that Kapil Chopra, a freelance writer who had alleged that the film infringed a script he had written, had been “clearly deceived and exploited” by Kunal Deshmukh, a film-maker with whom he had discussed the script. After comparing the film’s script and Chopra’s script the court concluded that there was a clear case for the grant of injunction as “the genesis of the idea was the same”.
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
