No injunction for copyright in four common words

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Refusing an injunction in Saregama India Ltd v Viacom 18 Motion Pictures & Ors, a single judge of Calcutta High Court held that in order for a suit for injunction to succeed “the allegedly copied material should have some resemblance with the original work”.

Saregama had filed a lawsuit against Viacom 18 Motion Pictures alleging that four words – mere sapno ki rani – rendered over a seven-second period in a movie produced by Viacom 18 Motion Pictures, Special 26, had infringed copyright in the lyrics and music of a 1960s movie that it owned.

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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.

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