Copyright subsists in Cinematograph film as an original work: Delhi High Court

The Delhi High Court has held that in a suit for Copyright infringement of a Cinematograph film, the infringing copy need not be an exact copy of the Cinematograph film, made by a process of duplication or a substantial/material copy.

It has opined that the blatant copying of fundamental/essential/distinctive features of a Cinematograph film on purpose would amount to copyright infringement.

Consequently, it held that the scope of protection of a film was at par with other original works and the test laid down in Supreme Court’s decision in RG Anand v. M/s Deluxe Films and Ors. (1978) would apply.

The judgment was passed by a Single Judge Bench of Justice Manmohan in a plea by MRF Tyres (plaintiff) against Metro Tyres (defendant).

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