2015 Supreme(Bom) 801
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.C. GUPTE, J.
Jyoti Kapoor & Another – Petitioners
Versus
Kunal Kohli & Others - Respondents
Notice of Motion (L) No. 490 of 2015 in Suit (L) No. 176 of 2015
Decided On : 19-05-2015
For the Plaintiffs:Sharan Jagtiani, Rahul Ajatshatru i/b. M/s. Anand & Anand, Advocates. For the Defendants:D1, D2, Dr. V.V. Tulzapurkar, Senior Advocate, Farhan Dubhash, V.M. Hegde, R. Rajpal, Saijo Mathew i/b. M/s. Singh & Singh & Malhotra & Hegde, D3, Jamshed Mistry, Malvika Kalva i/b. M/s. ALMT Legal, Advocates, D4, D5, Venkatesh Dhond, Senior Advocate.
The main legal principle established in the judgment is the distinction between the law of breach of confidence and the law of infringement of copyright, emphasizing the broader right of protection of trust or confidence and the need to show a prima facie case and a reasonable likelihood of success at the trial for infringement.
Headnote:
BREACH OF CONFIDENCE - Copyright Infringement - Section 16 of the Copyright Act, 1957 - Summary of Acts and Sections: The court discussed the law of breach of confidence and its distinction from the law of infringement of copyright. It emphasized that copyright law protects the expression of an idea or plot in a permanent form, while the protection of trust or confidence is a broader right. The court also outlined the essential elements of a claim for protection of confidence, emphasizing the confidential nature of the information, the obligation of confidence between the parties, and the unauthorized use of the information by the defendants.
Fact of the Case:
The 1st Plaintiff alleged breach of confidence and infringement of copyright, claiming to be the author and first owner of copyright in the original literary work 'R.S.V.P', which was disclosed in confidence to the 1st Defendant. The Defendants opposed the application, denying the use of the confidential information and pointing out dissimilarities between the respective screenplays of 'Phir Se' and 'R.S.V.P'.
Finding of the Court:
The court found that the screenplay of 'R.S.V.P.' was novel and unique, meriting recognition as confidential information. It also found that the Defendants had used the essential elements of the screenplay of 'R.S.V.P.' in their film 'Phir Se', creating an arguable case for infringement of the Plaintiffs' rights.
Issues: The main issues revolved around the confidential nature of the information and its unauthorized use by the Defendants. The Defendants disputed the novelty of the screenplay and denied the use of the confidential information.
Ratio Decidendi: The court emphasized that the combination of individual elements in the screenplay of 'R.S.V.P.' created a new and unique material, qualifying as confidential information. It also highlighted the need to show a prima facie case and a reasonable likelihood of success at the trial for infringement, and the balance of convenience in favor of the Plaintiffs.
Final Decision: The court granted an ad-interim injunction in favor of the Plaintiffs, restraining the Defendants from releasing the film 'Phir Se'. It rejected the Defendants' offer to deposit a sum of money in court to avoid the injunction, citing the irretrievable damages that would result from the release of the film.
1. This suit is a breach of confidence action. It also alleges infringement of copyright. The gist of the Plaintiffs' case is that the 1st Plaintiff is the author and first owner of copyright in the original literary work, being the script and screenplay for a film, 'R.S.V.P', which was disclosed in circumstances of confidence to the 1st Defendant, and he made unauthorized use of the same to produce a film, 'Phir Se', without the Plaintiffs' consent. The Plaintiffs seek an interlocutory injunction against release of the film 'Phir Se', complaining of both breach of confidence and infringement of copyright, though what was chiefly argued at the bar was the case of breach of confidence.
2. The 1st Plaintiff is a film and screen writer by profession. In or around 2010, she claims to have conceptualized the plot and story line of a new and original story for a film and commenced working on an original screenplay for a romantic comedy under a working title 'R.S.V.P'. The 1st Plaintiff initially registered the synopsis of the story containing the plot and the story line of 'R.S.V.P' with Film Writers Association ('FWA'), Mumbai in the year 2010. After developing the first draft of the screenplay in 2011, the 1st Plaintiff registered the same with FWA. So also, after fully developing the same with changes and modifications, she registered the final version of the screenplay with FWA in 2012. The 1st Plaintiff, thereafter, through a talent agency, M/s. Tulsee Productions Pvt. Ltd., which pitches authors of films to production houses, approached the 1st Defendant for production of a cinematograph film based on the screenplay of 'R.S.V.P'. The 1st Defendant is a film director of repute, who is also a director of the 2nd Defendant, a film production house. After some preliminary correspondence in that behalf, vide an email dated 19 January 2013, the complete screenplay of 'R.S.V.P' was shared by M/s. Tulsee acting as the 1st Plaintiff's agent with the 1st Defendant, who liked the same and offered to meet the 1st Plaintiff for further discussions. On 21 January 2013, the two met, when the 1st Defendant offered to acquire the rights to make a cinematograph film of 'R.S.V.P' screenplay. The 1st Plaintiff and the 1st Defendant, however, could not reach an agreement in that behalf and the negotiations failed. The first Plaintiff, thereafter, pitched the original screenplay of 'R.S.V.P' to the 2nd Plaintiff, who is another production house. The 2nd Plaintiff agreed to produce the feature film. A formal agreement dated 13 June 2014 was entered into between the Plaintiffs. The 2nd Plaintiff, thereafter, started working on the film. At that stage, the Plaintiffs came across news articles about the 1st Defendant's new film to be launched under the title 'Phir Se'. From the excerpts of interview of the 1st Defendant, the Plaintiffs realized that the 1st Defendant had utilized the 1st Plaintiff's screenplay / script for making his movie. Thereupon, a complaint was filed by the 1st Plaintiff with FWA of plagiarisation and infringement of her copyright in the original screenplay of 'R.S.V.P'. The 1st Plaintiff also sent a cease and desist notice to the 1st Defendant. On the Plaintiff's complaint, FWA constituted a panel of experts to review and compare the rival screenplays / scripts of 'Phir Se' and 'R.S.V.P'. A complaint was also filed by the 2nd Plaintiff before Indian Motion Pictures Producers Association (“IMPPA”). A Joint Dispute Settlement Committee of IMPPA and FWICE (Federation of Western India Cine Employees) issued a letter dated 8 November 2014 to the 1st Defendant, asking him to stop all shooting till the matter was resolved. On 25 November 2014, FWA gave a ruling in favour of the 1st Plaintiff, observing inter alia that on a careful consideration of the opinions of their esteemed experts and also taking into account the fact that the 1st Defendant had heard the 1st Plaintiff's script before completing his script, the various p