Sanjay Kumar Gupta & Another v. Sony Pictures Networks India P Ltd. & Others
[(2018) 251 DLT 688, (2018) 75 PTC 562]
Coram: Single Judge Bench comprising Justice Valmiki Mehta
Forum: Hon’ble Delhi High Court.
Case No.: RFA No. 627/2018
Date of Decision: August 10, 2018.

Facts:

  • The Appellants/Plaintiffs registered a copyright for their concept 'Jeeto Unlimited' on January 4, 2013, with Registration No. L-45361/2013.
  • They detailed the concept in their plaint, highlighting features such as:
    a) Simultaneous participation of home viewers with the live contestant.
    b) Presentation of the concept to Sony Pictures Network India Pvt. Ltd., the operator of "Kaun Banega Crorepati" (KBC), and other involved parties like the production company and Reliance Jio Infocomm Ltd.
  • The Appellants/Plaintiffs accused the Respondents/Defendants of copying their 'Jeeto Unlimited' concept, which was originally presented in 2010-2011, thus infringing their copyright.
  • In December 2011, discussions about 'Jeeto Unlimited' took place with an employee of Turner Broadcasting System, leading to further exchanges and a meeting in Mumbai on February 23, 2012, where a consent letter was signed.
  • The plaintiffs pointed out similarities between 'Jeeto Unlimited' and KBC, including:
    a) The timing of the game allowing for simultaneous participation of the live and home audiences.
    b) The mode of participation through SMS/email or JioChat for answering questions.
    c) The basis of rewards and the selection of winners through digital programming.
  • The Appellants/Plaintiffs claimed a breach of confidentiality, arguing that 'Jeeto Unlimited' was shared in confidence and its use by the Defendants violated this trust.

Background/ Procedural Posture:

  • The Trial Court dismissed the suit filed by the Appellants (Plaintiffs), who alleged that the Respondents (Defendants) violated their copyright and confidentiality in the concept "Jeeto Unlimited."
  • This Regular First Appeal, filed under Section 96 of the Code of Civil Procedure, 1908, challenges the Trial Court's judgment dated July 13, 2018.

Main Issues:

Whether the copyrights claimed by the Plaintiff in the concept of “Jeeto Unlimited” is an original work for the purpose of the Copyright Act?