MANSOOB HAIDER Vs. YASHRAJ FILMS PVT. LTD.

JUDGEMENT

(1.) The Plaintiff, a professional film script writer, and whose father wrote scripts and dialogue for notable films, is the author of the film script entitled "ONCE". The entirety of this script is annexed to the plaint at Exhibit "B". The Plaintiff claims that a recently released film, Dhoom 3, infringes the Plaintiff's copyright in his script "ONCE". In the suit, the Plaintiff seeks an order that he be given credit in the titles of the film.

(2.) The Plaintiff claims that he had delivered this script to 1st Defendant's office. Three years later, the film Dhoom 3 was released. The Plaintiff saw the film. He says he then realised that the film and his original script were so similar that the only possibility was that the 1st Defendant and, in particular, Defendant Nos. 2 and 3, credited as co-authors of the film script for Dhoom 3 (the 3rd Defendant being the director of the film) had infringed the Plaintiff's copyright in his original work. The Plaintiff then filed the suit. I will deal with the rival contentions presently. The Notice of Motion at this stage is for a limited purpose. It seeks a restraint on Defendant Nos. 1 to 3 from releasing the film on 28th June 2014 via satellite broadcast on television channel. This is proposed to be done by the 4th and 5th Defendants, who run several television channels under the name Sony TV.

(3.) I must note that at this stage there is one significant hurdle in the Plaintiff's way: this film has already enjoyed a general public release in December 2013. It has then been released in various other media and forums, including most recently on DVD and CD. No injunction has been obtained by the Plaintiff in respect of those releases. The Plaintiff, therefore, has an additional burden to show how the release of the film on television channels via satellite broadcast will so prejudice him that an injunction must be granted. I must also note that only relief sought in this suit is for the credit in the film; there is no claim for damages.