Back
2025 Supreme(Online)(KAR) 10980
KARNATAKA HIGH COURT
C M JOSHI, J
RAJIV MENON – Appellant
Versus
DR. M P SOMAPRASAD – Respondent
REGULAR FIRST APPEAL NO.1589 OF 2014 (IPR)
For the Appellants/Petitioners: SRI SHREYAS JAYASIMHA
For the Respondents: DR. ADITHYA SONDHI, SMT. B V NIDHISHREE
Copyright exists in the expression of ideas, not the ideas themselves; substantial transformation in adaptation negates infringement.
Headnote:(A) Copyright Act, 1957 - Section 14 - Infringement of copyright - The plaintiff sought a declaration of exclusive rights to create a film based on a biography, and a permanent injunction against the defendants for alleged copyright infringement and breach of confidence - Trial Court decreed the suit, ruling the defendants had access to confidential information and breached the plaintiff's copyright. (Paras 6, 10, 71, 104)
(B) Copyright Protection - The court discussed that copyright subsists only in the expression of an idea and not in the idea itself, emphasizing the distinction between similarity in ideas versus expression - Moreover, public domain content does not warrant copyright protection. (Paras 44, 45, 46)
(C) Evaluation of Evidence - The trial court's findings, based on the testimonies of both parties and the comparative analysis between the book and script were scrutinized, establishing that while some facts from the book were referenced in the script, it did not amount to copyright infringement as the script stood as an independent work. (Paras 91, 102)
Findings of Court:
The trial court's ruling in favor of the plaintiff was overturned with findings establishing the absence of a contractual relationship or copyright violation concerning the adaptation of the plaintiff’s work.
Issues: Whether a copyright was violated entails whether the adaptation is directly based on the copyrighted source.
Ratio Decidendi: The court concluded that evidence did not establish a breach of copyright, holding that significant deviations in the adaptation neutralized infringement claims.
Result: Appeal allowed, trial court ruling set aside. The suit stands dismissed.
| Table of Content |
|---|
| 1. establishing the parties and context for the appeal. (Para 1 , 2 , 3) |
| 2. plaintiff's claims for copyright and requests for relief. (Para 4 , 5) |
| 3. defendant's arguments regarding copyright validity and requirements. (Para 12 , 14 , 15 , 30 , 31) |
| 4. principles and propositions regarding copyright infringement. (Para 44 , 46) |
| 5. conclusion that the script does not infringe copyright of the book. (Para 72 , 106) |
CAV JUDGMENT
Being aggrieved by the judgment and decree passed in O.S.No.1940/2013 dated 06.08.2014 by learned XVIII Additional City Civil Judge, Bengaluru City, (CCH 10, hereinafter referred as ‘Trial Court’), the defendants are in appeal before this Court.
2. The parties would be referred as per their rankings before the Tribunal for the sake of convenience.
A. Facts as per pleadings:
3. The plaintiff filed the suit against the defendants seeking following reliefs:
"a) To declare that the plaintiff alone being the absolute sole & exclusive copyright holder of the Book, "MS-A Life in Music" written by T.J.S.George and being the owner and copyright holder of the script produced at annexure-G to the plaint titled MS and Bala and alone is entitled to produce a cinematographic Film on the life of Late M.S.Subbalakshmi;
b) By way of a permanent injunction to restrain the defendants or their agents, assignees, nominees or any person acting on their behalf or claiming through them, from infringing the sole and exclusive rights of the plaintiff to produce a cinematographic film on the life of late M.S.Subbalakshmi, based on the book 'MS-A Life in Music' written by T.J.S. George and the script produced at annexure 'G' to the plaint titled 'MS and Bala'
c) By way of mandatory injunction restrain defendants or their agents, assignees, nominees, or any person acting on their behalf or claiming through them from producing / directing a cinematographic film on the life of late M.S.Subbalakshmi without prior permission from the plaintiff.
d) Direct the defendants to deliver to the plaintiff, all the materials which is in his possession including the script regarding the cinematographic film on the life of late M.S.Subbalakshmi and File suitable affidavit to that effect.
e) Direct the defendants to pay the plaintiff a sum of Rupees 1,00,00,000/- (Rupees One Crores) as damages for having infringed the copyright of the plaintiff on the cinematographic film on the life of late M.S.Subbalakshmi and as the defendants have committed breach of confidence.
f) To grant of costs; and
g) to grant such other relief/s as this Hon'ble Court may deem fit to grant under the circumstances of the case, in the interest of justice and equity."
4. The brief facts to seek above reliefs are as below:
a) The plaintiff contended that he is a highly reputed Producer/Executive Producer in the World of Cinema. The plaintiff is not only a Film Producer but also a well established Businessman, with his business spread across many fields. He has also produced some international movies with crew from USA, Denmark, UK etc. He is also a State and National Award winner for the movies he has produced.
b) Defendant No.1 is a Cinematographer and a Director and defendant No.2 is a Partnership Concern owned and run by defendant No.1. The plaintiff and defendant No.1 were acquainted for the past 12 years. The plaintiff in January- 2012 approached defendant No.1 with an idea to make a film on the life and achievements of late Dr.M.S.Subbulakshmi (hereinafter referred to as 'MS' for short) based on the Book "MS-A Life in Music" (hereinafter referred as ‘the Book’) written by Mr.T.J.S.George, who is a Senior Journalist and Editorial Adviser of the New Indian Express and was conferred with Padmabhushan award in the year 2011 in the field of Literature. Mr.T.J.S.George advised to write a Biography of late Dr.M.S.Subbulakshmi, who was a great Carnatic Vocalist, who was the First Musician to receive Bharath Rathna Award. She had also received various other awards which were of repute
