Neutral Citation Number : 2023:DHC:3551

CS(COMM) 246/2021

Page 1 of 49

$~ (Original)

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Pronounced on: 23^rd May 2023

+

CS(COMM) 246/2021

RDB AND CO. HUF

..... Plaintiff

Through:

Mr. Hemant Daswani, Mr.

Siddhant Shrivastava and Mr. Sarabpreet

Singh, Advs.

versus

HARPERCOLLINS PUBLISHERS

INDIA PRIVATE LIMITED

..... Defendant

Through:

Ms.

Swathi

Sukumar,

Ms.Ashima

Obhan,

Ms.Taarika

Pillai,

Mr.Naveen Nagarjuna and Ms.Tarini Sahai,

Advs.

CORAM:

HON’BLE MR. JUSTICE C. HARI SHANKAR

%

J U D G M E N T

23.05.2023

IA 9516/2021 in CS(COMM) 246/2021

The issue

1.

Who owns the copyright in the screenplay of a film, if the

author has been commissioned by the producer of the film to write the

screenplay? Is it the producer of the film, or the author of the

screenplay?

2.

This is the question that arises for consideration in the present

case. The film in question is ―Nayak‖, released in 1966 and regarded

as one of the masterworks of Bharat Ratna Satyajit Ray, unarguably

Signed By:SUNIL

SINGH NEGI

Signing Date:23.05.2023

14:49:00

Signature Not Verified

Neutral Citation Number : 2023:DHC:3551

CS(COMM) 246/2021

Page 2 of 49

one of the greatest directors in recorded film history.

The controversy, in precis

3.

Satyajit Ray was commissioned, by R.D. Bansal, stated to be

the Karta of the plaintiff-HUF, to write the screenplay of, and to

direct, the film ―Nayak‖. Satyajit Ray wrote the screenplay and also

directed the film.

4.

Having already achieved artistic immortality, Satyajit Ray cast

off his mortal coil on 23^rd April 1992.

5.

Sometime in or around 2018, Mr. Bhaskar Chattopadhyay

novelized the screenplay of ―Nayak‖. The novel was published by the

defendant and released on 5^th May 2018.

6.

The plaintiff claims to be the owner of copyright in the

screenplay of ―Nayak‖.

7.

The present plaint, therefore, alleges that the novelization of the

screenplay by Bhaskar Chattopadhyay, and the publication of the

novel by the defendant, constituted infringement of the plaintiff‘s

copyright, within the meaning of Section 51¹ of the Copyright Act,

151.

When copyright infringed. – Copyright in a work shall be deemed to be infringed –

(a)

when any person, without a licence granted by the owner of the Copyright or the

Registrar of Copyrights under this Act or in contravention of the conditions of a licence

so granted or of any condition imposed by a competent authority under this Act –

(i)

does anything, the exclusive right to do which is by this Act conferred upon the

owner of the copyright, or

(ii)

permits for profit, any place to be used for the communication of the work to

the public where such communication constitutes an infringement of the copyright in the

work, unless he was not aware and had no reasonable ground for believing that such

communication to the public would be an infringement of copyright; or

(b)

when any person –

(i)

makes for sale or hire, or sells or lets for hire, or by way of trade displays or

offers for sale or hire, or

Signed By:SUNIL

SINGH NEGI

Signing Date:23.05.2023

14:49:00

Signature Not Verified

Neutral Citation Number : 2023:DHC:3551

CS(COMM) 246/2021

Page 3 of 49

1957.

8.

The defendant, per contra,disputes the plaintiff‘s claim of

copyright over the screenplay of ―Nayak‖. According to the defendant,

copyright in the screenplay vested in Mr. Satyajit Ray. Consequent on

his death in 1992, therefore, copyright in the screenplay vested in his

son Sandip Ray and the Society for Preservation of Satyajit Ray

Archives (―SPSRA‖, hereinafter), of which Sandip Ray is a member.

The defendant claims to have obtained a license from Sandip Ray and

SPSRA to novelize the screenplay of the film.

9.

The core issue which arises for consideration is, therefore,

whether copyright in the screenplay of the film vested in Satyajit Ray

or in R.D.