- JUDGMENT SUMMARY: Anil Gupta and Anr. v. Kunaldas Gupta and Ors.
- DATE OF JUDGMENT: 3 June 2002
- BENCH: Vijender Jain, J.
- CITATION: 2002 (25) PTC 1.
SUBJECT: Concept Notes might be the subject matter of Copyright under Section 13 of the Act.
Facts:
The Plaintiffs conceived an idea of producing a reality television programme containing the process of matchmaking and spouse selection in which ordinary people will participate before a TV audience. The plaintiff came up with a unique and novel concept in which it would be the choice of a woman to select a groom from a variety of suitors, named as ‘Swayamvar’. The concept was disclosed to the defendant by the plaintiff under a confidential agreement in 1908, and the concept note was sent to him for the purpose of production of the TV show. Later, the plaintiff came to know that the defendant was launching a similar matchmaking reality show. The plaintiff moved to the Court for copyright violation under Section 51 of the Copyright Act and violation of confidential information.
IMPORTANT PROVISIONS: Section 13 and Section 51 of the Copyright Act.
ISSUES:
The main issues in question before the Court were:
- Whether a concept note can be a subject matter of copyright under section 13 of the Act?
- Whether the plaintiff’s concept of matchmaking is an original concept or not?
ANALYSIS OF THE JUDGMENT:
Plaintiff’s Contentions: The plaintiff contended that there was a misappropriation of his concept by the defendants. It was further contended that the law of confidential communication includes written and oral communications. There is no obligation that the idea should always be developed to its full extent. In certain cases, the mere fact that the concept was disclosed to the defendants neither permits the defendants to use it nor claim that the information has now fallen into the public domain.
Defendant’s Contentions: The defendant contended that the concept was in the public domain even prior to 1996 and no copyright subsists in ideas. The information provided was a broad, vague and rough preliminary note which had no protection under confidential information. They claimed that there could not be a copyright on a subject matter or theme that is based on historical, mythological belief. They claimed that similar shows were already in existence in various countries outside India.
They also pointed out the various differences between their programme and the plaintiff’s concept such as they were not providing a platform to the young woman to choose a spouse from amongst the potential suitors, no involvement of parents of the participants, no reward or gifts were given to the couple.
Court’s observations:
It was observed that an idea by itself has no copyright, but if it is developed into a concept containing proper details, then it becomes capable of registration and would be protected under the Copyright Act. The unauthorized use of the concept note along with the confidential information in it would amount to infringement.
The Court found the plaintiff’s concept of matchmaking while giving a choice to the bride a novel and original concept and capable of being protected.
The argument of the defendants that a concept once registered under the Copyright Act, the same came under the public domain cannot be sustained before the law. Indeed, when the concept is registered, the same can claim protection from the public domain. The sole purpose of the Copyright law is to confer monopoly interest and a right to restrain others from using that work while the right to exploit and communicate it to the public vests solely in the Copyright Owner. Therefore, the Defendants could not be allowed to launch its TV show if the same was based on the plaintiff’s concept of ‘Swayamvar’.
The concept of the proposed TV programme of the defendants with the title ‘Subh Vivah’ contained the basic salient features of the plaintiff’s programme, and it is based on the adventure of the matchmaking as real-life situation. To show match making in the form of a reality TV show or spouse selection, is the central theme of the concept and therefore the defendants cannot reap the fruits of plaintiff’s labour.
The Court granted an injunction in favour of the plaintiffs
Conclusion:
In India, the Court for the very first time held that concept note can be a subject matter of copyright protection under the Copyright Act and that it must be ensured that the persons who create an original idea/concept or theme are rewarded for their labour.
