VALMIKI J. MEHTA, J

CM No.31250/2018(Exemption)

Exemption allowed subject to just exceptions.

CM stands disposed of.

RFA No.627/2018 & CM No. 31249/2018 (stay)

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908(CPC) is filed by the plaintiffs in the suit impugning the Judgment of the Trial Court dated 13.7.2018 by which the trial court has dismissed the suit of the appellants/plaintiffs alleging violation by the respondents/defendants of appellant's/plaintiff's copyright and confidentiality in the concept 'Jeeto Unlimited'. ‘Jeeto Unlimited’ is a play along concept of a live show on TV whereby the home viewers get to simultaneously play along with the contestants on the live show i.e the home viewers are given a chance to answer the same questions on the show by use of phone and are rewarded for a successful answer to a question/quiz.

2(i) The facts of the case are that the appellants/plaintiffs pleaded that they got registered a copyright vide Registration No.L-45361/2013 dated 4.01.2013 with respect to their concept 'Jeeto Unlimited'. The concept of the appellants/plaintiffs has been elaborated by them in para 8 of the plaint the relevant portion of para 8 is reproduced as under:-

“The essential components of the concept Jeeto Unlimited are as under:-

a. The home audience/viewers get to play along with the contestant simultaneously;

b. The home viewers get to answer the same question, which is posed to the contestant;

c. The home viewers play along with the contestants using their phone;

d. The home viewers need to watch the TV Show to play the game;

e. The home viewers are awarded depending upon the value of the question when answered correctly.”

(ii) The appellants/plaintiffs pleaded that they presented this concept to the respondent no.1/defendant no.1 i.e Sony Pictures Network India Pvt. Ltd which runs a popular game show “Kaun Banega Carorepati” (KBC). Respondent no.4/defendant no.4 is the production company which produces the KBC show. Respondent no.5/defendant no.5 is Reliance Jio Infocomm Ltd. which provides the telecom services in the KBC play along segment with the segment of the live KBC show in the studio. Appellants/Plaintiffs pleaded that respondent no.1/defendant no.1 has copied the concept which was presented by the appellants/plaintiffs in the year of 2010-2011 and hence violated the copyright of the appellants/plaintiffs. Appellants/plaintiffs have also pleaded in para 13 of the plaint that the appellants/plaintiffs were forced to send a consent letter to release the respondent no.1/defendant no.1/ Media Houses from any liability in case they broadcast a content which is similar to the concept note being presented by the appellants/plaintiffs. This is stated in para 13 of the plaint and which reads as under:-

“13. Sometime in December 2011, the Plaintiffs spoke to Miss Geetika Johri, an employee with Turner Broadcasting System that owned Imagine TV channel and discussed their concept of Jeeto Unlimited. Miss Johri showed keen interest and requested the Plaintiff No. 1 for the concept note. The Plaintiff No. 1 vide his email dated Dec 22, 2011 to Miss Johri forwarded the concept note of “Jeeto Unlimited”. Miss Johri introduced the Plaintiff No. 1 to Miss Candida Soares, who after exchanging few emails and telephonic conversations arranged a meeting with Miss Tasneem Thingna of Turner Broadcasting System at Mumbai. The Plaintiffs were asked to sign a consent letter. A consent letter in the television industry allegedly releases the media houses from any liability in case they broadcast content that is similar to the concept note that is being presented before them. The Plaintiffs met Miss Thingna at the office of Turner Broadcasting System in Mumbai on February 23, 2012. The Plaintiffs present their “Jeeto Unlimited” concept to her. However, nothing materialized in the said mee