R.G. Anand v. M/s Delux Films

Facts

• Plaintiff R.G. Anand wrote a play "Hum Hindustani" dealing with provincialism and linguistic prejudice in Delhi
• The play involved a Madrasi boy and a Punjabi girl whose families opposed their marriage due to regional prejudice
• Defendant Delux Films produced the film "New Delhi" with a somewhat similar theme
• Plaintiff alleged the film was a copy of his play; sought injunction and damages

Issues

1. Whether the film "New Delhi" infringed copyright in the play "Hum Hindustani"
2. Whether copyright subsists in ideas, themes, and subject matter
3. What is the correct test for determining copyright infringement

Held

• The theme (provincialism, arranged marriage across communities) is common and not protectable
• The treatment, characterisation, dialogue, and incidents in the film differed substantially from the play
• When the same idea is developed differently with original treatment, there is no infringement
• There can be no copyright in an idea, subject matter, themes, plots, or historical or legendary facts
• Where the same idea is developed in a different manner, it is manifest that source is common and no infringement arises

Ratio Decidendi

Copyright protects only the expression of an idea, not the idea itself. To establish infringement, the plaintiff must demonstrate that the defendant has copied a substantial and material part of the mode of expression. The test is one of overall impression on the mind of the ordinary reader or viewer. Similarities in theme, plot, or idea do not constitute infringement if the treatment, development, and expression are different.