The original expression of an idea in a film, if copied, constitutes copyright infringement under the Copyright Act, 1957.

1. The Plaintiff claims copyright in the literary and artistic work being the script and screenplay of its film “Phone Booth” assigned to the Plaintiff under certain agreements. The Plaintiff claims that the Defendants have infringed its copyright in their film “Knock Out” which is to be released on Friday, the 15th October 2010. The Plaintiff claims injunction restraining the Defendants from releasing its film “Knock Out” in theatres or broadcasting or otherwise communicating it to the public in any manner or exporting its copies so as to infringe the script, screen, storyline and dialogues in its copyrighted work or so as to pass off the said film as and for the Plaintiff’s film as an Indian version thereof. The Plaintiff has also prayed for an order directing the Defendants to destroy and/or deliver the script of its film and for appointment of a Receiver in respect thereof.

2. The Plaintiff, as the producer, is the author in respect of the cinematographic film under Section 2(d) (v) of the Copyright Act, 1957 (the Act), and its script as - an artistic work under Section 2(c) (iii) of the Act. The Defendants’ film, if it is seen to be a copy of the Plaintiff’s film, would be an infringing copy under Section 2(m)(ii) of the Act. The Plaintiff claims to have been assigned the copyright through one Daddy Entertainment Limited from the original author Larry Cohan under the Agreements dated 17th December 1998 and 18th December 1998 together with the Agreements of purchase and borrowing the rights of the film under the further Agreement dated 18th December 1998.

3. The Plaintiff’s film “Phone Booth” was produced in 2002. The Defendants’ film “Knock Out” has been produced much later. The Plaintiff claims to have received notice of the film in or about August 2010, upon which the Plaintiff entered into a chain of correspondence with the Defendants, alleging the infringement of its copyright and calling upon the Defendants to produce for the Plaintiff’s inspection the original film itself containing the script, screenplay, dialogues and storyline therein. The Defendants have replied denying any infringement but refrained from showing the Plaintiff its film or even its written screenplay to substantiate absence of infringement of the Plaintiff’s artistic work. The correspondence is contained in 9 letters by and between the parties prior to the filing of the suit between 9th September 2010 and 4th October 2010 resulting in the suit being filed on 6th October 2010.

4. Aside from the infringement, the Defendants contend that the Plaintiff’s action is barred by laches. The Defendants have relied upon and produced certain website printouts relating to the two films. The Defendants have shown to Court the first of several website publications of Times of India dated 28th September 2009, reporting that the Defendants’ film is “apparently a rip-off of the English flick Phone Booth (2003).” Aside from giving the cast of the films and the various roles played by the actors in the films, it gives in one line the description of the Plaintiff’s film only thus:-

“Phone Booth is about a man who is held hostage in a telephone booth by a sniper.”

It does not give the description of the Defendants’ film. The next print-out dated 30th November 2009, which also does not give any description of the Defendants’ film. A further print-out is dated 4th January 2010 sets out the description of the Defendants’ film without showing any relationship between “a man held hostage in the telephone booth by a sniper.” It makes a reference to a rumour that film is loosely based on the Plaintiff’s film but mentions that it is a hardcore political thriller and expose.

5. These website print-outs produced by the Defendants are not material showing the description of the Defendants’ film and which could be taken to be brought to the notice and knowledge of the Plaintiff in September 2009. It is only on 8th June 2010 that a reference is made that promos of the