'No Copyright In Ideas Or Themes': Delhi High Court Dismisses Plea Against Broadcasting Of 'Shamshera' Film

The Delhi High Court has dismissed an application seeking interim injunction against the streaming and broadcasting of “Shamshera” film in a suit filed by one Bikramjeet Singh Bhullar, claiming that the movie is an infringement of his copyrighted script “Kabu na chhadein Khet.”

Justice Jyoti Singh observed that there can be no copyright in ideas and themes, while clarifying that the observations will not impact the trial or final adjudication of Bhullar's copyright infringement suit on merits.

“In the present case, as noted above, the ideas in the script of the Plaintiff cannot be given copyright protection and more so in the stock elements. A comparison of the script and the impugned film does not leave an impression that one is a substantial copy of the other,” the court said.

It added: “There can be no doubt that writers must be given their due. However, Plaintiff has been unable to make out a prima facie case of copyright infringement and thus no relief can be granted in favour of the Plaintiff injuncting the Defendants from continuing with the telecast of their film on the OTT Platforms.”

The court directed the makers and producers of the film, including Yash Raj Films Private Limited, to file an affidavit disclosing their up-to-date revenues earned from the telecast of the film.

Justice Singh said that themes like father-son story where the two look alike, use of children, birds, hot oil, horse, underground tunnels etc are common to most Bollywood movies and agreeing with Bhullar's claim would amount to granting monopoly over ideas, which would be contrary to the Supreme Court judgment in R.G. Anand v. Delux Films and Others.

The court also said that the dissimilarities between the script and the film outweigh the alleged similarities, and the similarities by themselves are not sufficient to raise a presumption of copyright infringement at the interim stage in favour of Bhullar.

“Comparison of locations set in North India, as rightly contended by the Defendants, cannot be a ground to hold infringement of copyright and similarly features such as burning oil, water, birds, star for the purpose of navigation, secret underwater tunnels horses, ghaghra and its unswirling, sensuous scenes etc., have been used in movies from times immemorial and very many movies come to mind on this aspect readily and are hackneyed subjects of almost every fiction and matters of common grasp,” the court said.

It added: “There is no uniqueness in these ideas or expression and in the words of the judgements of this Court, almost every author of a fiction would conjure them as consequential concomitant effects, as a matter of common grasp and “Scenes a Faire” which carry no copyright.”

Last year, the court had allowed the release of movie the on OTT platforms, subject to Yash Raj Films depositing Rs. 1 crore with the Registrar General.

Case Title: BIKRAMJEET SINGH BHULLAR v. YASH RAJ FILMS PRIVATE LIMITED & ORS.

Citation: 2023 LiveLaw (Del) 1348

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