Infringement of Copyright

When (Copy)right becomes wrong

Statutory Definition
 Copyright Act 1957, s. 51

 Infringement: exercising rights of the

copyright owner

 Making, distributing, exhibiting and

importing infringing copies of the work
RG Anand v. Delux Films (AIR 1978 SC
1613)
It is a landmark decision of the Supreme Court of
India in the area of copyright law. The case deals
with a copyright infringement suit against the movie
New Delhi made by Mohan Sehgal in 1954. The
plaintiff R.G. Anand contended that it was modeled
on the plot of a play Ham Hindustani written and
produced by him. The judgment is remarkable for
clarifying the concepts of idea-expression
dichotomy and copyright infringement under the
Indian copyright law.
Important aspects of the decision:
(1) No copyright in an idea. Violation of
copyright confined to form, manner
and arrangement, as well as expression
of idea by the author

(2) Where same idea developed in

different manner, similarities happen.
Court to rule on whether similarities are
merely substantial or fundamental
Important aspects of the decision:
(3) Where there are only incidental
similarities, there is no copyright
infringement

(4) Copyright infringement = piracy

it must be clearly proven
The decision
After applying the principles enunciated above the
court ruled that it cannot be said that the film is a
“Substantial or material copy of the play written by
the plaintiff.”(Para 67) The judges were of the
opinion that no prudent person after seeing both
the works will get the impression that there is a
copy. At most, the central theme is same but that is
an idea not protected by copyright.
Criminal Remedies
 Copyright Act 1957, s.64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
 Police Raids (Power of search, seizure &
arrest without a warrant)
 Fines (min. 50,000-200,000 INR)
 Imprisonment (6 months to 3 years)