Alka Verma-
Published On: November 02, 2021 at 12:16 IST
Recently, the Bombay High Court has declined to Restrict the release of a movie named Zombivli in a Copyright Suit.
Stating that there is no Copyrights of Idea, Justice Gautam Patel refused to entertain the Plea filed by Tarun Wadhwa, a dilettante filmmaker against Saregama.
“There is no Copyright in any idea. It exists only in a particular expression of an idea, that is to say, how individual elements, none of which are in themselves susceptible to Copyright Protection, are put together,” stated Justice Patel.
Wadhwa, in the Application stated in May 2018, he shared his idea about a movie related to Zombies with Saregama through its division, Yoodle Films.
Also, when Yoodle asked him to submit a complete screenplay, he did that but after some time the Company refused his proposal stating that they have no interest.
However, on July 30, 2020, Saregama announced their upcoming film named Zombivli, which according to Wadhwa was his idea which he submitted to them.
Wadhwa, also stated that he has all the proofs that this movie was his idea, and Saregama has used it completely.
Wadhwa, In his Application claimed that Saregama used his original idea which amounts to Breach of confidentiality and moreover, the Company also Infringed his Copyright in one, or possibly three published works which would amount to Copyright Infringement.
However, Saregama denied all these Allegations, and stated that they didn’t steal anyone’s idea and the film was an idea of someone else’s work.
After Hearing both the sides, Justice Patel stated, “Breach of confidentiality and copyright infringement are closely tied. The former is frequently claimed for matters that cannot be the subject of copyright infringement. An idea, in particular, cannot be the subject of a copyright infringement action; but it may be the subject of breach of confidentiality. Either may yield a broadly similar Injunction.”
Adding to this, Justice Patel also stated that in many circumstances the claim may be for both Copyright Infringement and Breach of Confidence.
“But the present Case on Breach of confidence is separated from its Case on Copyright Infringement, for the writer’s claim is that the idea was communicated in circumstances of confidence to Saregama, and that idea could not have been used by Saregama without his permission or license,” stated Justice Patel.
At the end, Justice Patel observed that Wadhwa failed to represent a clear and unambiguous identification of the original material other than which was Copyrighted, Hence he also failed to make out a Case.
Click Here to Read/Download the Order
Also Read: The Copyright Act – Ownership and Infringement
Bombay HC: JustDial to approach TDSAT in Copyright Infringement Case