Copyright

Band Baaja Baarat rescued from copyright infringement : Delhi HC

It was a case between Yash Raj Films and Sri Sai Ganesh Productions. In the instant case the petitioner brought a suit against the defendants for copyright infringement.

The plaintiff who was the original maker of the film named Band Baaja Baraat alleged that the defendants were guilty of his film’s copyright infringement as the defendants were making a film named Jabrdasth.

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It was argued that the new film was a exact copy of the original film in terms of story, plot, content, expression, script , sketches and in its entire form the new film was a duplicate of the original one and the defendants had no right to make or screen such film since the petitioners have their copyright over it.

It was also submitted that Plaintiff had plans already to make a Telugu and Tamil remakes of the original film and has alson taken steps towards its successful operation but due to the defendants intrusion it has caused the plaintiff excessive monetary loss.

The defendants however argued that the case did not fall under the jurisdiction of the Delhi Courts as the film was shot in Hyderabad and so there was lack of jurisdiction on the part of the court to try the case .

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The Delhi High Court ruled in favor of the plaintiff and imposed permanent injunction on the defendants for screening of the impugned film after contending that the original film was released in Delhi as well and hence the courts have full competence over their jurisdiction . Justice Manmohan after taking into record on all material evidences contended that according to the sections 13 (3) (a) and 2 (d) of the copyrights act 1957 , originality was the essential ingredient of a film which was missing in the impugned film and hence the same is liable to be removed from the screens before it harms the plaintiff any more.