Important Point - As a violation of copyright amounts to an act of piracy it must be proved by clear and cogent evidence.

1. This is a quia timet copyright infringement and passing off action. It relates to what is sometimes described as a reality show, but is perhaps more accurately a televised talent hunt. The Plaintiff, Zee Entertainment Enterprises Ltd (“Zee”) claims that its popular show India’s Best Dramebaaz, a televised talent hunt for child actors in the 5–12 year age group has been illicitly copied by the 1st Defendant, Sony Pictures Networks India Private Limited (“Sony”). Zee says Sony has infringed its copyright in its concept note and ‘production bible’. Defendant No. 2 is a production company (“Frames”) of which Defendants Nos. 3 and 4 are directors of Frames. Defendant No. 5 was once employed by Zee but now works for Sony as its Chief Creative Director.

2. The heart of this plaint is paragraphs 7 to 10 and it is best that I set these out at the head of this judgment:-

“7. In or around 2004, the Plaintiff conceived a nonfiction television series being a talent hunt for aspiring actors. The object of this television series was to bring to the fore quality acting talent from across India, groom the said talent and showcase the same to the public at large. The name of this show was India’s Best Cinestar’s Ki Khoj. This show was very successful and therefore in the year 2006-2007, the Plaintiff also published the second season of the said show with the title Idea Zee Cinestars. The Plaintiff was the first entity in India to conceive and/or adopt a acting talent hunt show in India.

8. In or around 2012, the Plaintiff got developed a concept for a new show which was meant to be an acting talent hunt for children in the age group of 5-12 years. This show was to be called “India’s Best Dramebaaz”. The following was the broad concept of the said new show prepared to be made:-

(i) the show was to comprise of a series of episodes;

(ii) the first few episodes were with respect to the audition of the aspiring contestants having talent in acting. The said audition was to be taken by the eminent judges from the film and theatre fraternity;

(iii) some contestants were selected for the next round viz., the gala round;

(iv) the contestants so selected were to be eliminated one by one on the basis of their performance and a winner was to be declared at the end of the season.

9. The aforesaid concept was further fleshed out in greater detail in a Concept Note prepared and created by the Plaintiff. The said Concept Note was prepared by Ms Sunanda Jena and Mr Namesh Dubey. Ms Sunanda Jena is designated Head – Non Fiction & TV. Mr Namesh Dubey is designated Associate Creative Director. The said Concept Note was prepared by the said employees while in employment of the Plaintiff and for the Plaintiff inter alia also set out the format of the show including the following:-

(i) Auditions of contestants who are eligible for participation for said show would be held in different parts of the country;

(ii) the Judges (Bollywood personalities) would identify the participants on the basis of their personality. A decision with respect to their performance would be made by considering their “acting” skills in different genres.

(iii) the contestants so selected would execute the requisite contract with the Plaintiff;

(iv) each contestant would be groomed as per the requirement of the script given to such contestants by the Director/Mentor of the said show. A contestant would be required to perform either solo or with a co-contestant;

(v) the Judges would give the contestants marks for their performance and the performer with the lowest score will be eliminated.

The format also set out the manner in which the said show would be presented/telecasted. The general theme of every episode with respect to the introduction of the contestants, their interviews, visits by the contestants’ parents and/or relatives and/or friends, etc. were also set out in the said Concept Note. The Plaintiff craves leave to refer to and rely upon the documents evidencing the employment of Ms Suna