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2012 Supreme(Del) 1688

High Court of Delhi
ANIL KUMAR
Twentieth Century Fox Film Corporation
Versus
Zee Telefilms Ltd. & Others
I.A. Nos. 4776, 4777 of 2005 in C.S (OS) No. 868 of 2005
Decided on : 10-07-2012

Advocates appeared:
For the Petitioner:C.M. Lall & Pradyuman Dubey, Advocates.
For the Respondents:Arun Jaitley, Sr. Advocate, with Ms. Pratibha M.Singh, Sudeep Chatterjee, Ashwin Kumar, Advocates.

Headnote:

In a copyright infringement suit, the Delhi High Court held that the defendants' television serial 'Time Bomb' was not a copy of the plaintiff's serial '24'. The Court found that the two serials had different story lines, characters, and treatments, and that the similarities between them were superficial and common to many other works in the genre.

Fact of the Case:

The plaintiff, Fox Studios, alleged that the defendants' serial 'Time Bomb' infringed the copyright of its serial '24'. The plaintiff claimed that the two serials had substantial similarities in their story line, characters, and treatment, and that the defendants had copied these elements from '24' without authorization.

Finding of the Court:

The Court found that the two serials had different story lines, characters, and treatments. The Court also found that the similarities between the two serials were superficial and common to many other works in the genre. The Court held that the defendants had not copied any substantial part of '24' and that there was no copyright infringement.

Issues: 1. Whether the defendants' serial 'Time Bomb' infringed the copyright of the plaintiff's serial '24'. 2. Whether the two serials had substantial similarities in their story line, characters, and treatment.

Ratio Decidendi: The Court held that the defendants' serial 'Time Bomb' was not a copy of the plaintiff's serial '24'. The Court found that the two serials had different story lines, characters, and treatments, and that the similarities between them were superficial and common to many other works in the genre. The Court held that the defendants had not copied any substantial part of '24' and that there was no copyright infringement.

Final Decision: The Court dismissed the plaintiff's copyright infringement suit.

Judgment :-

Anil Kumar, J.

1. These are the applications by the plaintiff/applicant under Order 39 Rules 1 & 2 and under Order 26 Rule 9 seeking interim injunction against Zee Telefilms Ltd from making, telecasting or broadcasting or in any other manner communicating to the public the television serial/cinematograph film titled `Time Bomb' and not to do anything without obtaining a license from the plaintiff and for directions to the defendants, their partners, servants, agents, representatives to hand over possession of the infringing copies and all other incriminating material including the original script and all plates for production of cinematograph film titled `Time Bomb' in a suit for permanent, mandatory injunction and rendition of accounts for the alleged infringement of copyright of the plaintiff.

2. The suit was initially filed against M/s.Zee Telefilms Ltd. During the pendency of the suit the plaintiff filed an application being IA No.4822/2005 to implead Ms.Deepa Sahi, Mr.Ketan Mehta and M/s. Maya Movies Pvt.Ltd also as defendants on account of their involvement, as they claimed to be producer of the serial „Time Bomb’. The said application was allowed by order dated 18th July, 2005 and the said persons were impleaded as defendant Nos.2, 3 & 4 to the suit of the plaintiff. The plaintiff/applicant has contended that he is a pioneer in the world of entertainment and the plaintiff Corporation was founded in 1913 when William Fox founded Fox Studios to produce the famous Movietone Newsreels. In 1935 Fox Studios merged with 20th Century Pictures and (which had been founded in 1933). According to the plaintiff he is engaged principally in the business of film entertainment, television entertainment including direct broadcast, satellite and cable transmission of television channels and programming. The plaintiff also gave the details of various notable movies made by him. The plaintiff asserted that he was one of the first to introduce various channels for different audiences. In 1987 plaintiff launched network by the name of FOX.

3. According to the plaintiff he has the copyright in his well known television serial titled "24" which is a thriller with the main theme of narration of story in real time. The plaintiff contended the term 24'relates to 24 hours in a day and the story is told in `real time’about how a terrorist attempt is thwarted within 24 hours. The plaintiff disclosed that each episode of 24’features an hour in the life of counter terrorism agent Jack Bauer. According to him the theme of setting a television serial in this format is unique to the plaintiff.

4. The plaintiff contended that the principal star of the serial is Mr.Keifer Sutherland who has been nominated three times for Emmy Awards for his work in “24”who plays the role of a protagonist Jack Bauer, a secret service agent working for the U.S. Government on VIP Security and his main task is to save the political leaders from international terrorist attacks.

5. The plaintiff has given the description of Season One of the said serial in which the protagonist Jack Bauer’s main task was to protect a U.S.Senator (David Palmer) running for the position of the U.S.President from an assassination attempt by a gang of international terrorists. In Season two the serial deals with the trauma of his wife’s murder and the effect it had on his relationship with his daughter. He was called by President David Palmer to stop a terrorist plot to detonate a nuclear bomb in Los Angles. Season three was set three years later where Jack spent several months deep under cover and returned to Counter Terrorist Unit (CTU) as Director of Field Operations. According to the plaintiff the complete episode guide with the entire story line is available on the plaintiff’s website.

6. The plaintiff disclosed that his television serial ‘24’ had been extensively discussed in articles in Indian publications and it is described as unique, as it takes place in `real time’. A number























































































































































































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