{"id":272517,"date":"2022-08-31T15:30:31","date_gmt":"2022-08-31T10:00:31","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=272517"},"modified":"2022-08-31T15:30:31","modified_gmt":"2022-08-31T10:00:31","slug":"whose-script-is-it-a-legal-perspective","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2022\/08\/31\/whose-script-is-it-a-legal-perspective\/","title":{"rendered":"Whose Script is it: A Legal Perspective"},"content":{"rendered":"
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C<\/span>opyright protection is required for the written script and screenplay authored by scriptwriters and lyricists. Screenplays or scripts are the blueprint for a movie, television show, digital media, etc. The owner of copyright is not always the one who came up with the concept, but rather the one who puts it into action, such as authoring a book, producing a film, OTT (over-the-top) or television show.<\/p>\n

Recently, a Bollywood movie produced by Dharma Productions titled “Jugjugg Jeeyo” was faced with a copyright infringement suit (Vishal Singh<\/i> v. Dharma Productions (P) Ltd.<\/i>1<\/sup><\/a>) filed by a Ranchi-based scriptwriter, Vishal Singh before a Commercial Court in Ranchi, few days prior to its release in theatres on 24-6-2022. The plaintiff alleged that his story “Bunny Rani”, which he had emailed to Dharma Productions on 17-2-2020 and also registered with the Screenwriters Association was copied by them without authorisation from him. He therefore sought damages of Rs 1.5 crores for copyright violation and an interim order to stay the release of the film. The Ranchi Court by its order dated 23-6-2022 declined to grant ad interim injunction to stay the release of the movie on the ground that the claim had been filed after seeing the short trailer of the film, basis which it was not possible to reach a conclusion about similarity between the plaintiff's one-page story and the 150 minutes story and picturisation of the movie. Therefore, considering the amount spent by the defendants on the production of the movie and creation of third-party rights (in favour of Viacom 18 Media Pvt. Ltd. and others) the court decided that the balance of convenience lies in favour of the defendants and irreparable loss may be caused to them if the release of the movie is injuncted.<\/p>\n

Let us examine the applicable law on the subject. <\/p>\n

What is script copyright and how does it work?<\/h4>\n

A script copyright protects an author’s original works, such as scripts and screenplays, and falls under the umbrella of intellectual property rights. This means that a copyright for a script or a screenplay protects the work that has been written. However, it does not protect the broad notion or idea of the subject of conversation, themes, narratives, historical or legend facts. Copyright only exists in the form of a material object into which thoughts are transferred.<\/p>\n

Whose idea was it in the first place?<\/h4>\n

It is critical to remember that the owner of the copyright is not the inventor of the concept (R.G. Anand<\/i> v. Delux Films<\/i>2<\/sup><\/a>). The individual who gives the concept concrete shape, writes a book, develops a film, etc. owns the copyright. Where the theme is the same but is presented and treated differently so that the subsequent work becomes a completely new work, no question of violation of copyright arises.<\/p>\n

Even if the concept is unique, there is no guarantee of copyright. Unless he is also the author of the work, the inventor of the bright idea is not the owner of the copyright in the work (Donoghue<\/i> v. Allied Newspaper Ltd.<\/i>3<\/sup><\/a>). Copyright will only exist if one is the creator of the work, not only the inventor of that concept, regardless of if the idea is original. As a result, the Screenwriters Association steps in to assist in the registration of the script\/lyrics before it is presented to the producers, directors, production house, and so on.<\/p>\n

When does the script pass into the hands of someone else?<\/h4>\n