The Bombay High Court dismissed a copyright infringement suit filed by Ashim Kumar Bagchi against the makers of the film, DREAM GIRL 2. The Plaintiff alleged that the Defendants had unlawfully copied his original script, which he had previously shared with them in confidence. He claimed that the film bore substantial similarity to his work and thus, amounted to copyright infringement and breach of confidence. The Defendants argued that the Plaintiff was attempting to monopolize a common theme, i.e., gender disguise, which is present in both films. However, such a theme is not protectable under copyright law. They relied on R.G. Anand v. Deluxe Films to emphasize that copyright protects expression, not ideas or themes. The Court was also shown that the Plaintiff’s claims regarding breach of confidence lacked evidence.
Upon reviewing both the works, the Court held that there was no substantial similarity between the film and the Plaintiff’s script. Common themes and stock characters are not protectable under copyright law, and no exclusive rights can be claimed over such elements. Further, the Court rejected the breach of confidence due to lack of evidence. In light of the frivolous nature of the suit and the abuse of judicial process, the Bombay High Court imposed costs of INR 2,00,000 on the Plaintiff.
Source: Ashim Kumar Bagchi vs Balaji Telefilms Limited [COMM IP SUIT NO.322 OF 2023]