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2020 (2) TMI 1687 - HC - Indian LawsInfringement of copyrights - Suit for declaration, injunction, rendition of accounts and damages - prime contention of the plaintiff is that the defendants had not only adopted the idea of copyright work of the plaintiff but also had adopted the manner, arrangement, situation to situation, scene to scene with minor changes additions or embellishments here and there. HELD THAT:- The plaintiff has proved the fact that he has registered the story “SPM” with the third defendant association on 10.04.2013. The script of “SPM” is marked as Ex.P.1. The script of movie “Kathi” is marked as Ex.D.2 and the CD of the film “Kathi” is marked as Ex.D.3. In the plaint, it is alleged that the script “SPM” and script of “Kathi” are replica of each other. Whereas, on reading both the scripts, this Court finds that there is not even iota of similarity. Whatever similarity drawn and mentioned in the comparative chart - Ex.P.5 are very remote and even if it be in isolation, they are not similar taken as a whole - this Court finds that the plaintiff has miserably failed to prove that his form, manner arrangement and expression of idea has been infringed by the defendants. The script of the plaintiff is based on emotion between two couple centering around an old lady. Whereas, the script of the second defendant “Kathi” is on land grabbing by a schemy industrialists. There is no similarity on the fundamentals or substantial aspect neither mode of expression is similar. As the Hon'ble Supreme Court has said in R.G. ANAND VERSUS M/S. DELUX FILMS AND OTHERS [1978 (8) TMI 231 - SUPREME COURT], the surest and safest test to determine whether or not, there has been a violation of copyright is to see, if the Reader, Spectator or the Writer after having read or seen both the works is clearly of the opinion and gets non mistakenly that the subsequent work appears to be copy of the original. On reading of Ex.P.3 script (“SPM”) and Ex.D.2 script ('Kathi'), this Court do not get such impression. Rather, this Court finds that the scripts are two different and distinct play and plot. While the plaintiff has not even able to establish that the story of “Kathi” is replica of his script “SPM”, his allegation that the remake right acquired by the defendants 4 and 5 and the film “Kaidhi No.150” produced by the defendants 4 and 5 is also infringement of script of “SPM” is totally baseless. More so, when the plaintiff has not produced any document to show in connection with “Kaidhi No.150” - this Court holds that the plaintiff has no legal right and the plaintiff has failed to establish any infringement of his copyright by the defendants. Hence, this issue is negatived. Since, the plaintiff has failed to place evidence to prove the Telugu movie produced by defendants 4 and 5 “Kaidhi No.150”, is remake of “Kathi” Tamil feature film which is based on the story “SPM”, the suit is liable to be dismissed for want of cause of action - Undoubtedly, the plaintiff is the copy right owner over the literary work “SPM” since, he has registered the same with the third defendant, on 10.04.2013. But that does not give him any right to sue the defendants alleging that the movie “Kathi” is based on his script since, there is no similarity either in idea or subject matter, the play or the expression or the ideas. Since, the plaintiff has failed to prove his case of infringement, no case for rendition of accounts from the defendants, is made out. As the consequence, the plaintiff is not entitled for compensation and damages. Suit dismissed.
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