R.G. Anand v M/S Deluxe Films and Ors
R.G. Anand v M/S Deluxe Films and Ors
Supreme Court of India, 1978
AIR 1978 SC 1613
Facts:
R.G. Anand was a playwright who wrote a play titled “Hum Hindustani”.
M/S Deluxe Films produced a film called “New Delhi”.
Anand alleged that the film was substantially copied from his play without his permission.
He filed a suit claiming copyright infringement.
Issues:
Whether the film “New Delhi” infringed the copyright of Anand’s play “Hum Hindustani”.
How to determine when copyright infringement occurs, especially in literary works and their adaptations into films.
Legal Principles:
Copyright protects the expression of ideas, not the ideas themselves.
This means the underlying concept, themes, or ideas are free to be used by anyone, but the unique expression (like dialogue, scenes, characters) is protected.
Test of Substantial Reproduction:
Infringement occurs if the accused work copies a substantial part of the original work’s expression, not just the idea.
Supreme Court Judgment:
The Court held that the film “New Delhi” did infringe the copyright of the play.
It was observed that:
The film was not a mere coincidence but substantially reproduced the play.
The plot, scenes, and characters showed a substantial similarity with the original play.
The film-makers copied the “expression” of the play, not just the idea or theme.
Therefore, the Court granted relief to R.G. Anand.
Significance of the Case:
Key precedent in Indian copyright law:
It clarified the difference between idea and expression in copyright infringement cases.
Test for infringement:
The Court laid down the important test that copyright infringement involves substantial copying of the original work’s expression, not just the underlying idea.
Protection of literary and artistic works:
The judgment protected creators from unauthorized adaptations of their work into other mediums like films.
Summary:
This case firmly established the principle that copyright protects the unique expression of an idea and not the idea itself. It introduced the "substantial reproduction" test in Indian copyright jurisprudence and remains a cornerstone judgment for cases involving adaptations and plagiarism.
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