Twentieth Century Fox Film Corporation v. Zee Telefilms Ltd. &Ors.
[2012 SCC Online Del 3524; (2012) 51 PTC 465]
Coram: Single Judge Bench Comprising Hon’ble Mr. Justice Anil Kumar.
Forum: Hon’ble Delhi High Court
Case No.: I.A. Nos. 4776, 4777/2005 in C.S. (OS) No. 868/2005.
Date of Decision: July 10, 2012.

Facts:

  • The Plaintiff, Twentieth Century Fox Film Corporation, is primarily engaged in the film and television entertainment industry, which includes the direct broadcast, satellite, and cable transmission of television channels and programming.
  • The Defendant, Zee Telefilms is a major Indian media and entertainment company which operates various television channels broadcasting across India and several other countries. The company is involved in broadcasting, content production, satellite and cable TV services, and digital media.
  • “Time Bomb” was a TV show produced by Zee Telefilms (Defendant) in 2005. Twentieth Century Fox Film Corporation (Plaintiff) alleged that this was a copy of their acclaimed show “24”.
  • The case was filed in 2005, in which, the Plaintiffs brought a copyright infringement claim against the Defendants along with an order to hand over possession of the infringing copies and all other incriminating material including the original script of the serial Time Bomb.
  • The Plaintiffs sought an interim injunction restraining the Defendants from telecasting their serial.

Main Issue:

What factors are crucial in determining whether a part of a work is substantial in copyright infringement?