Copyright
R.G Anand vs M/S. Delux Films & Ors on 18 August, 1978
Supreme Court of India Supreme Court of India R.G Anand vs M/S. Delux Films & Ors on 18 August, 1978 Equivalent citations: 1978 AIR 1613, 1979 SCR (1) 218 Bench: Fazalali, S Murtaza PETITIONER: R.G ANAND Vs. RESPONDENT: M/S. DELUX FILMS & ORS. DATE OF JUDGMENT18/08/1978 BENCH: FAZALALI, SYED MURTAZA BENCH: FAZALALI, SYED MURTAZA SINGH, JASWANT PATHAK, R.S. CITATION: 1978 AIR 1613 1979 SCR (1) 218 1978 SCC (4) 118 ACT: Infringement of a copyright in a play in a film-What are the tests-Whether copyright can be claimed in a theme. Suit for damages for infringement of a copyright-What are the principles. HEADNOTE: The appellant-plaintiff is a playwright, dramatist and producer of stage plays. The appellant had written and, produced a number of plays. The subject matter of the appeal however, is the play entitled (Hum Hindustani'. This play was written by him in the year 1953 and was enacted in the year 1954 and thereafter the play proved to be popular. In November 1954 the appellant received a letter from the second defendant-Mr. Mohan Sehgal requesting the appellant to supply a copy of the play so that he could consider the desirability of making, a film on it. Thereafter, the appellant and defendant No. 2 met at Delhi. In May, 1955 the second defendant announced the production of a motion picture entitled "New Delhi". The picture was released in Delhi in September 1956. The appellant saw the picture. The appellant filed a suit alleging that the film "New Delhi" was entirely based upon the play "Hum Hindustani", that the play was narrated by the appellant to defendant No. 2 and he dishonestly imitated the same in his film and thus committed an act of piracy as to result in
Indian Kanoon - http://indiankanoon.org/doc/1734007/ 1
R.G Anand vs M/S. Delux Films & Ors on 18 August, 1978
violation of the copy right of the plaintiff. The appellant, therefore, filed the suit for damages, for decree for accounts
Supreme Court of India Supreme Court of India R.G Anand vs M/S. Delux Films & Ors on 18 August, 1978 Equivalent citations: 1978 AIR 1613, 1979 SCR (1) 218 Bench: Fazalali, S Murtaza PETITIONER: R.G ANAND Vs. RESPONDENT: M/S. DELUX FILMS & ORS. DATE OF JUDGMENT18/08/1978 BENCH: FAZALALI, SYED MURTAZA BENCH: FAZALALI, SYED MURTAZA SINGH, JASWANT PATHAK, R.S. CITATION: 1978 AIR 1613 1979 SCR (1) 218 1978 SCC (4) 118 ACT: Infringement of a copyright in a play in a film-What are the tests-Whether copyright can be claimed in a theme. Suit for damages for infringement of a copyright-What are the principles. HEADNOTE: The appellant-plaintiff is a playwright, dramatist and producer of stage plays. The appellant had written and, produced a number of plays. The subject matter of the appeal however, is the play entitled (Hum Hindustani'. This play was written by him in the year 1953 and was enacted in the year 1954 and thereafter the play proved to be popular. In November 1954 the appellant received a letter from the second defendant-Mr. Mohan Sehgal requesting the appellant to supply a copy of the play so that he could consider the desirability of making, a film on it. Thereafter, the appellant and defendant No. 2 met at Delhi. In May, 1955 the second defendant announced the production of a motion picture entitled "New Delhi". The picture was released in Delhi in September 1956. The appellant saw the picture. The appellant filed a suit alleging that the film "New Delhi" was entirely based upon the play "Hum Hindustani", that the play was narrated by the appellant to defendant No. 2 and he dishonestly imitated the same in his film and thus committed an act of piracy as to result in
Indian Kanoon - http://indiankanoon.org/doc/1734007/ 1
R.G Anand vs M/S. Delux Films & Ors on 18 August, 1978
violation of the copy right of the plaintiff. The appellant, therefore, filed the suit for damages, for decree for accounts