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    Advance Professional Practice

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    Megha Chhattani
    The Supreme Court ruled that the title of a literary work is not subject to copyright protection. The case involved a criminal complaint filed against the producers of a film titled "Desi Boyz" for infringing the copyright in the title "Desi Boys" of a story. The Supreme Court quashed the complaint, holding that a single word or common phrases like "desi boys" lack sufficient originality for copyright. To prove infringement, one must show substantial copying of protectable elements beyond just a title.

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    Advance Professional Practice

    Uploaded by

    Megha Chhattani
    82 views10 pages
    The Supreme Court ruled that the title of a literary work is not subject to copyright protection. The case involved a criminal complaint filed against the producers of a film titled "Desi Boyz" for infringing the copyright in the title "Desi Boys" of a story. The Supreme Court quashed the complaint, holding that a single word or common phrases like "desi boys" lack sufficient originality for copyright. To prove infringement, one must show substantial copying of protectable elements beyond just a title.

    Original Description:

    case study for infringement of copyright act

    Original Title

    Advance Professional Practice (1)

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    The Supreme Court ruled that the title of a literary work is not subject to copyright protection. The case involved a criminal complaint filed against the producers of a film titled "Desi Boyz" for infringing the copyright in the title "Desi Boys" of a story. The Supreme Court quashed the complaint, holding that a single word or common phrases like "desi boys" lack sufficient originality for copyright. To prove infringement, one must show substantial copying of protectable elements beyond just a title.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    82 views10 pages

    Advance Professional Practice

    Uploaded by

    Megha Chhattani
    The Supreme Court ruled that the title of a literary work is not subject to copyright protection. The case involved a criminal complaint filed against the producers of a film titled "Desi Boyz" for infringing the copyright in the title "Desi Boys" of a story. The Supreme Court quashed the complaint, holding that a single word or common phrases like "desi boys" lack sufficient originality for copyright. To prove infringement, one must show substantial copying of protectable elements beyond just a title.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 10

    ADV ANCE P RO FE SSI O NAL

    P RACT I CE

    Krishika Lulla & Ors.


    vs
    Shyam Vithalrao Devkatta &
    Anr.

    Mentor: Mr. Mangesh Jadhav


    TOPIC HIGHLIGHTS
    Facts
    Judicial History
    Issue, Holding & Rule of the law
    Arguments
    Analysis
    Conclusion
    Reference
    FACTS

    Shyam Vithalrao Devkatta (Respondent),had authored a story named ‘Desi


    Boys’ and had registered the same with the Film Writers Association on
    25.11.2008.
    Mr. Devkatta forwarded the synopsis of the story to his friend Mr. Ramesh
    Bhatnagar who further forwarded it one Mr. Ahsaan Sagar on 15.10.2009.
    Mr. Devkatta saw the promos of a film titled ‘Desi Boyz’, after which he filed a
    criminal complaint, as the adoption of the title Desi Boyz was an infringement
    of his copyright in the film title Desi Boys.
    Court of Metropolitan Magistrate
    Judicial
    History Bombay High Court

    Producers of the film (Appellants)


    approached the Bombay High Court for
    quashing of the complaint.

    Supreme Court

    High Court refused to quash the criminal


    complaint, hence these appeals were filed by
    the Appellants before the Supreme Court.
    Issue, Holding & Rule of the law

    Issue Holding Rule of the law

    Is the title of a No, the title of a Subject to the provisions of this section
    literary work subject literary work is not and the other provisions of this Act,
    copyright shall subsist throughout India in
    matter of copyright? the subject matter of
    the following classes of works, this is to
    copyright.
    say-
    original literary, dramatic, musical and
    artistic work
    Arguments
    Arguments of behalf of the Arguments of behalf of the
    Respondents: Appellants:

    • There is no copyright in the title of


    a story or for that matter a film
    Copyright in the title “Desi Boys” has • The Appellants got the story
    been infringed by the Appellant as it written by an author who was paid
    is the soul of his story and copying it for it .
    takes away everything from his story. • The story of the film bears no
    similarity whatsoever with the
    synopsis that was mailed, the
    characters and the scenes and the
    settings are also entirely different.
    Analysis The title of a literary work being insufficient

    The Court acknowledging the purpose for


    protecting a literary work, stated that
    protection cannot possibly be given to merely
    a single word, but some words that
    collectively form a literary work

    a literary work should be literary in nature i.e.


    “concerning the writing, study, or content of
    literature, especially of the kind valued for
    quality of form”, which the title in question
    lacked.
    The Court then highlighting the lack of
    originality in the title due to the usage of
    commonplace terms ‘desi and ‘boys’
    CONCLUSION

    The conclusion of the matter is that a copyright


    cannot be claimed in the title of a work, however,
    this is possible in case the title itself is original and
    in the nature of an invention. To establish
    infringement, one will have to delve into the
    originality of it and substantial copying by the
    defendant. If a well-known title of a film is used
    without authority, the owner’s remedy is likely to lie
    in passing off only.
    The Appeal, therefore, in the instant case was
    allowed and the criminal complaint was quashed.
    REFERENCES

    HANDBOOK FOR COPYRIGHT CASE DETAILS


    ACT https://www.bananaip.com/ip-news-
    http://copyright.gov.in/documents/handbo center/copyright-krishika-lulla-ors-vs-
    ok.html shyam-vithalrao-devkatta-anr/

    INSIGHT ON COPYRIGHT ACT CASE DETAILS


    http://www.rna-cs.com/an-insight-into-the- https://indiancaselaws.wordpress.com/201
    copyright-act-1957-and-the-rules-made- 5/11/17/krishika-lulla-and-ors-v-shyam-
    therein/ vithalrao-devkatta-and-ors/
    AARUSHI AGARWAL
    ANURATI SAXENA

    Presented by
    KUMAR ABHIMANYU
    MEGHA CHHATTANI
    SARTHAK SHUKLA
    VARSHICKA AGARWAL

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