Yash Raj Films vs. Sri Sai Ganesh Productions
[2019 SCC OnLine Del 9094, (2019) 80 PTC 200]
Coram: Single Judge Bench of Hon’ble Mr Justice Manmohan
Forum: Hon’ble High Court of Delhi
Case No.: CS (COMM)1329/2016
Date of Decision: July 8, 2019

Facts:

  • The Plaintiff, a renowned film company, released the film "BAND BAAJA BAARAAT" on December 10, 2010, which was a commercial success. The film's storyline focused on a couple starting a wedding planning business, falling in love, separating, and reuniting.
  • Claiming copyright in various elements of the film under the Copyright Act, of 1957, the Plaintiff announced plans to remake the film in Tamil and Telugu. Despite issuing public notices of ownership, the Plaintiff discovered in late 2011 that Defendant No. 1 intended to remake the film in Telugu.
  • Legal notices were sent to Defendant No. 1 in January and April 2012, requesting a halt to the remake project. However, Defendant No. 1 released the film "JABARDASTH" on February 22, 2013, which was found to be a copy of the Plaintiff's film. The Defendant No. 1 also sold rights for a dubbed version of the film in Tamil, titled "DUM DUM PEE PEE."
  • The Plaintiff sought a decree to restrain the Defendants from infringing on the copyrights of "BAND BAAJA BAARAAT" and from dubbing or releasing "JABARDASTH" in any language or format. The Plaintiff also requested a decree for the Defendants to account for income from "JABARDASTH" and pay damages of Rs.20 lacs or more, plus 18% interest on damages awarded.

Main Issue:

Whether blatant copying of all the elements of the Plaintiff's film "BAND BAAJA BAARAAT" amounted to copyright infringement?