Copyright Infringement: Intellectual Property Right

Intellectual property means the property created by a person with his/her own intellect or with some unique idea which already is not in existence and is totally new for everyone. The right created on such property of the creator as the owner of the property is called intellectual property right. These rights protect the right of the original creator on his property from being misused or taken away from him/her. Copyright means to give the exclusive legal right of the work to reproduce, publish, sell, or distribute the matter.

In easy language it can be explained as a right provided to the person who owns some creative work which he himself created.

It is automatically created in the favour of the owner of such intellectual property. Once the author writes something or painter paints something which is hi/her own creation, the right of copyright is automatically created on such owner.Some examples of copyright are lyrics of a song, storyline of a movie, novel by a novelist, painting from a painter etc.

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It includes work of literature, drama, music, sound, cinema and art. The moment the right of copyright comes into existence, such right remains with the creator for life time and for 60 years on his/her name after the death of the creator.

It means to use one’s original work which is copyright protected without the true owner’s permission. It clearly means to use the right of the actual owner without permission just like using lyrics of a song to name new song but with different beat or claiming to be the owner of the painting without giving credit to the original painter.

It is very much made understood in the copyright act that the owner shall remain the right over the property for life time plus 60 years in addition after death. Any person using such property without the owner’s permission or claiming to be his during that time will be covered under copyright infringement and will be punishable. The most exposed area of such infringement is cinema i.e. movies, songs etc.

In this case, a Telegu movie ‘Jabardasth’ was released by Sri Sai Ganesh Productions which was claimed to be copied from the Bollywood movie i.e. Band Baja Barat produced by Yash Raj Films Pvt. Ltd. It was made without taking the permission from the original film producers. Therefore, Yash Raj Films Pvt. Ltd. Filled the case of copyright infringement on the Sri Sa Ganesh Productions and the distributors of that movie.

Copyright during a cinematograph film exists independent of its underlying works, as each underlying work moreover because of the film itself are independent works. The Court held that for the aim of copyright law, a cinematograph film is seen during a wider perspective than simply an assortment of its underlying works. The term “underlying works” here refers to the various varieties of creative and original works that move into making a whole cinematograph film. as an example, the script and dialogues come under literary works; the lyrics of the songs under musical works; the whole songs come within the purview of sound recordings; posters and advertisements as artistic works, etc. While each of those underlying works claim individual copyright protection under the Copyright Act, 1957, a cinematograph film as an entire is additionally entitled to be protected under the Act.

The expression ‘to make a replica of the film’ under Section 14 isn't just restricted to creating physical copies. there's substantial and material similarity between the scenes and plot points in two films. The Court further held that the expression “to make a replica of the film” under Section 14 (d) (i) of the Act isn't restricted to creating only physical copies of the film by the method of duplication. It also means copying the thought, expression and other intangible aspects of an existing cinematograph film and incorporating them in another film. The Delhi supreme court has the required jurisdiction to listen to and pass order within the present matter, because the film was released in national capital although no a part of the preparation of the defendants’ film was made there.

Every film has its unique story line and its own unique songs which are specifically written for that particular movie only. Using the same story line or same dialogues by some one else in a separate movie is violation of the rights of the team of the prior movie i.e. writer, composer, producer, director because every movie is unique in its own way which is made with the ideas of different people. And once it is made, no other team have right to remake it or use it for their own benefit until and unless permission is given or copyrights have been purchased. Making copies of such movie and selling it on its own name will also be considered as copyright infringement. Every work in a film is original and using that originality to make replica of it is not right in eyes of law and hence will be punishable under copyright infringement.

The Court held that a cinematograph film is bigger than simply a collaboration of its underlying works like literary, dramatic or musical works. Thus, copyright in a very cinematograph film can subsist independent of its underlying works. Additionally, the Court also clarified that creating a replica of a cinematograph film isn't restricted to simply making physical copies of the film but also includes copying the concept behind the film. The aspect of originality is in Section 13 of the Copyright Act, 1957. Justice Manmohan Singh, who heard this matter, established this as a case of infringement of copyright and rightly passed a cease and desist order against the defendants, restraining them from infringing the copyrights of the plaintiff.