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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, J
RDB AND CO. HUF – Appellant
Versus
HARPERCOLLINS PUBLISHERS INDIA PRIVATE LIMITED – Respondent
| Table of Content |
|---|
| 1. ownership of screenplay copyright at issue. (Para 1 , 2 , 3 , 4 , 5) |
| 2. plaintiff claims copyright; defendant disputes. (Para 6 , 8 , 23) |
| 3. summary judgment sought; reliefs requested. (Para 10 , 39) |
| 4. arguments presented regarding copyright ownership. (Para 12 , 14 , 15 , 30) |
| 5. court holds plaintiff has no right to copyright. (Para 34 , 60 , 73 , 74 , 75) |
JUDGMENT
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 Page 1 of 49 one of the greatest directors in recorded film history.
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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
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