Bombay high court rejects Sakshi Punjabi's plea of copyright infringement

Written By Unknown on Kamis, 27 Februari 2014 | 22.23

MUMBAI: The Bombay high court on Thursday granted no relief to a film writer who claimed that her copyright in the story was violated by the makers of Shaadi Ke Side Effects (SKSE).

Sakshi Punjabi moved the high court against Shobaa Kapoor and others who made SKSE. The movie, a Vidya Balan and Farhan Akhtar starrer is due for release on Friday, February 28.

Punjabi's plea came up for hearing before Justice S J Kathawalla who heard the matter for over an hour. Punjabi's counsel Dinyar Madon informed the court that she had developed the concept and storyline of a film titled, Just Adjust, based on the trials and tribulations of an urban married couple, and registered it with the Film Writers' Association in 2008. She then met director Rajat Kapoor and shared the storyline and synopsis with him.

Her case was that at the meeting Saket Choudhary who is the director and script writer of Shaadi ke Side Effects was also present. Kapoor told her that the story needed polishing but he later avoided meeting her, Madon said. Last week, she learnt about SKSE when she came across the film's promo, she said and felt that the film makers had infringed her copyright. She had shared the storyline with Kapoor in confidence.

Advocates Birendra Saraf and Ameet Naik of Naik Naik & Co. appearing for Balaji Films, Shobhaa and Ekta Kapoor and Alpana Mishra, CEO of Balaji on the other hand argued that Punjabi had failed to make out a case of infringement of copyright and took the court through each of the alleged similarities cited by the plaintiff to debunk her claim. Saraf argued that several films including the classic Saath Saath starring Farooque Shaikh and Deepti Naval had been made on the trials and tribulations of an urban married couple juggling the personal and professional lives. He added that when films are made a broad theme such as this there were bound to be certain similarities but the expression of the basic idea in the two films was very different.

Saraf also cited several judgments to show that Punjabi approached the court belatedly when information about the film was available in the public domain since October 2013 when its trailer was released on Youtube and played at theatres across the country during the release of Krishh 3.

Senior Counsel Virag Tulzapurkar appearing for Pritish Nandy Communications took the court through the prayers in the plaint and pointed out that Punjabi had not sought an injunction against the theatrical release of the film but had merely prayed that she be given credit and had sought damages worth Rs 40 lakh. He added that to be given credit she must deserve it. He pointed out that it is an established fact that there is no copyright in an idea and what is protected under the copyright law is the expression of such an idea. Tulzapurkar said that it is not even Punjabi's case that she had shared the script of her film with Rajat Kapoor. More so, Kapoor, who was present in court, denied having ever met her.

Besides, Rajat Kapoor was not connected with the SKSE in any capacity, the court was informed. After hearing all the parties, Justice Kathawalla rejected Punjabi's prayer for ad-interim relief.


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