CASE STUDY ON INTELLECTUAL

PROPERTY RIGHTS

Shameer P H FUS100603

PROBLEM

Sagar applied for the protection of his right on an idea and theme for a moving picture. But the Gemini Pictures contented in this regard and submitted that nobody can claim any such right on an idea, theme, plot or historical event. Decide as a subject expert.

COPYRIGHT

The right which a person acquires in a work which is the result of his intellectual labour is called his copyright. The primary function of copyright law is to protect the fruits of a mans work, labour, skill or test from annexation by other people

SUBJECT MATTER OF COPYRIGHT

Copyright protection subsists in original works of authorizing fixed in any tangible medium of expression, from which they can be perceived, reproduced, or otherwise communicated. Works of authorizing include
1. 2. 3. 4. 5. 6. 7. 8.

Literary works Musical works Dramatic works Choreographic works Pictorial, graphical, and sculptural works Motion pictures Architectural works Computer programme.

However, the copyright protection for an original work authorising, in no way extends to any idea, procedure, process, system, method of operation, concept, principle, or discovery regardless of the firm in which it is described, explained, illustrated or embodied in such work. In other words, copyright protection extends only up to the expression in the forms mentioned in the above 8 cases and not to the ideas.

INDIAN POSITION
The Copyright Act, 1957 came into effect from January 1958. This Act has been amended five times since then, i.e., in 1983, 1984, 1992, 1994 and 1999. Prior to the Act of 1957, the Law of Copyrights in the country was governed by the Copyright Act of 1914. This Act was essentially the extension of the British Copyright Act, 1911 to India.

COPYRIGHT AND CINEMATOGRAPH FILM

Section 2(f) of the copyright act amended in1994 says that cinematograph film means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means

FACTS IN OUR PROBLEM

Mr.

Sagar has applied for the protection of his idea and theme for a moving picture.

Ideas, concepts, and facts cannot be copyrighted. Only the form, manner and arrangement, and expression of the idea are copyrightable. Thus, different authors are not prevented from independently developing the same idea, even if their products have some similarities.

R.G. ANAND V. DELUXE FILMS

In this case, R.G Anand -the author of the play Hum Hindustani sued Deluxe Films -a production company for making a movie- NEW DELHI (Direction: Mohan Segal; Cast: Jabeen Jalil, Kishore Kumar and Vaijayanti Mala-1956) that was allegedly an exact copy of his play.

The Supreme Court held that, despite some similarities, the movie did not infringe the plays copyright because there were substantial dissimilarities between the two

 It

was laid down by the Honble Supreme Court that there is no copyright in an idea, subject matter, themes, plots or historical or legendary facts. There need to be originality only in the form of expression. One of the surest and safest tests to determine whether or not there has been a violation of copyright is to see if the reader, spectator or the viewer finds one work a copy of another.

DONOGHUE.V. ALLIED NEWSPAPERS LTD (1937)

Steve Donoghue (8 November 1884 23 March 1945) was a leading English flat-race jockey in the 1910s and 1920s. He was Champion Jockey 10 times between 1914 and 1923 and was one of the most celebrated horse racing sportsman

Donoghue,was interviewed over a period of time by a journalist. News of the World published a number of articles written by the journalist based on these interviews. The articles had titles such as Steve Donoghues Racing Secrets, Enthralling Stories of the King of Sports and My Greatest Derby. Some of the articles were in the form of dialogues with Donoghue.

 Donoghue

had been paid for these interviews but subsequently the information in the articles was updated and a further article appeared in another newspaper under the title My Racing Secrets. By Steve Donoghue. Donoghue sought to prevent further circulation of the articles.

 Farwell

J- the judge reluctantly found that Donoghue was neither the author nor a joint author of the articles because he had supplied only the ideas for the article and there was no copyright in an idea.

person may have a brilliant idea for a story or for a picture but if he communicates that idea to an artist or play writer then the production which is the result of the communication of the idea is the copyright of the person who has clothed the idea in a form and the owner of the idea has no right in that product.

OUR DECISION
Mr. Sagars application for the protection of his right on an idea and theme for a moving picture will be rejected easily, since the basic statement on copyright says that no idea or theme as such can not have copyright, but only their expressed version (eg: screen play) can. And the Gemini Pictures or any other can produce and exhibit films based on this idea/ theme. ---------------------------------------

REFERENCE
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http://www.indiankanoon.org Intellectual Property Rights and the Law Dr. G.B. Reddy- Gogia Law Agency

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