Introduction:

The Delhi High Court recently ruled on an application seeking an interim injunction against the streaming and broadcasting of the film “Shamshera.” Bikramjeet Singh Bhullar alleged copyright infringement, claiming similarities between the movie and his script “Kabu na chhadein Khet.” Justice Jyoti Singh’s judgment emphasized the non-copyrightability of ideas and themes, elucidating that this ruling wouldn’t influence the trial’s final outcome on the copyright infringement suit’s merits.

Arguments of Both Sides:

Bhullar contended that the film infringed upon his copyrighted script, highlighting similarities in elements like the father-son storyline, use of children, birds, hot oil, horses, and underground tunnels. Conversely, the defendants, including Yash Raj Films Private Limited, asserted that common themes and ideas prevalent in Bollywood films, such as these elements, do not warrant copyright protection. They argued that granting copyright over such common elements would amount to monopolizing ideas, contrary to legal precedents.

Court’s Judgment:

Justice Singh dismissed the application for an interim injunction, citing the absence of a prima facie case of copyright infringement. The court emphasized that ideas and themes, especially stock elements like those present in the script and film, do not warrant copyright protection. It stressed that similarities between the script and the film were not substantial enough to support a claim of infringement. Additionally, the court highlighted that elements like scenes set in North India, use of common features in Bollywood movies, and recurring motifs do not establish copyright infringement, as they are part of the “Scenes a Faire” category, devoid of uniqueness or copyrightable expression.