ZEE ENTERTAINMENT ENTERPRISES LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT 18TH FLOOR, A WING, MARATHON FUTUREX, NM JOSHI MARG, LOWER PAREL, MUMBAI 400 013 Vs. SONY PICTURES NETWORKS INDIA PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT 4TH FLOOR, INTERFACE BUILDING NO. 7, OFF MALAD LINK ROAD, MALAD (W), 400 064

JUDGEMENT

(1.) This is a quia timet copyright infringement and passing off action. It relates to what is sometimes described as a reality show, but is perhaps more accurately a televised talent hunt. The Plaintiff, Zee Entertainment Enterprises Ltd ("Zee") claims that its popular show India's Best Dramebaaz, a televised talent hunt for child actors in the 5-12 year age group has been illicitly copied by the 1st Defendant, Sony Pictures Networks India Private Limited ("Sony"). Zee says Sony has infringed its copyright in its concept note and 'production bible'. Defendant No. 2 is a production company ("Frames") of which Defendants Nos. 3 and 4 are directors of Frames. Defendant No. 5 was once employed by Zee but now works for Sony as its Chief Creative Director.

(2.) The heart of this plaint is paragraphs 7 to 10 and it is best that I set these out at the head of this judgment:

(3.) There are several difficulties with this narrative. To begin with, it gives the impression that the concept of a TV reality show or acting talent hunt - or, for that matter, any kind of talent - for children on television - emerged in full bloom for the first time in 2004 with Zee's production of India's Best Cinestar's Ki Khoj. As we shall see, this is demonstrably incorrect. The other problem, and one that will recur throughout the discussion, is that paragraphs 7 to 9 are worded in such generalities that it is almost impossible to conceive any level of exclusivity or monopoly being afforded to any person in respect of any of them. Take the four items in paragraph 8: episodes, auditions, selections, judges drawn from film and theatres, eliminations. There can be no exclusivity in any of these. The mere fact of a show having episodes is not amenable to copyright protection. By definition, a talent hunt requires eliminations from a larger pool and the selection of a winner or winners from a much larger crowd. Obviously, there has to be some process of auditioning. Those who get past the auditions and "make the cut" move on to the next round. From this select pool, which is itself may have many contestants, the contestants continue competing, and are eliminated one by one judged on different criteria. Their ranks thin as the show progresses till finally there emerges a single winner. If this sounds familiar, it should. The entire Idol series and the "Got Talent" series broadly follow this pattern. So does almost every other talent show - acting, dancing, mimicry, acrobatics, jugglery, mime, even cooking. It is difficult to conceive of any talent hunt that goes about its stated business in any other fashion. There cannot, therefore, be exclusivity in this; Mr Kadam and Mr Khandekar quite rightly lay no such claim.