Introduction

1. Sartaj Singh Pannu (‘Pannu’), a young film Director, is the Petitioner in this petition under Section 9 of the Arbitration and Conciliation Act, 1996 (‘Act’). Pannu seeks orders restraining Gurbani Media Pvt. Ltd. (Respondent No.1) and its Chairman and Managing Director Mr. Harinder Singh Sikka (Respondent No.2) (‘Sikka’) from releasing the film ‘Nanak Shah Fakir’ without giving him credit as the ‘sole Director’ of the film.

2. The Court has, in the judgment that follows, concluded that at the present stage, without further evidence being led, it is not possible to conclusively hold that Pannu is the sole Director of the film. The Court has further concluded that the question whether for the purposes of Section 2 (v) of the Copyright Act, 1962 (CR Act), a Director of a film could be considered an ‘author’ of an ‘artistic work’ would also depend on the facts of each case. In the present case that determination is not possible without evidence being led in the arbitration proceedings. The Court has further concluded that in any event in terms of the CR Act such a right to be recognised as an ‘author’ can be waived voluntarily. Again, at the present stage, wi