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There Is No Copyright In An Idea, Theme Or Plot, Delhi HC Declines Stay On Hotstar’s Lootcase

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The Delhi High Court has dismissed a petition restraining release of a film ‘Lootcase’ on Hotstar that released on Friday. The Delhi High Court has reaffirmed that there can be no copyright in an idea/theme.

Single Judge Bench of Justice C. Hari Shankar reiterated, “There is no copyright in any idea, subject matter, theme or plot, and violation of copyright is confined to the form, manner and arrangement and the expression of the idea by the author of the copyright at work.”

The Court was hearing the plea of Indian writer and Director, Vinay Vats claiming that the film had substantial similarities with his script titled Tukkaa Fitt and even though his film could not be released, Vats had strongly relied on its trailer so released in the year 2016.

“In the present case, there is no earlier film, based on the script of the plaintiff, which could for the basis of a claim to copyright. The plaintiff, as Mr. Neeraj Kishan Kaul correctly points out, bases his cause of action on a script, which never came in the public domain, and public knowledge of which is being sought to be attributed on the basis of a trailer, for a film which never saw the light of day. The cause of action, on the basis whereof the plaintiff premises his case, therefore, essentially remained inchoate.” the Court said.

The High Court further observed,

“The mere fact that certain plot points, between the plaintiff’s script and the story of the upcoming film Lootcase as reflected in the trailer, released on YouTube, may be common, cannot be the basis to lay a claim to copyright, as the plaintiff has chosen to do. “

The Court had held while rejecting Petitioner’s plea, ”there is no justification for the plaintiff having approached this Court on the eve of the release of the film ―Lootcase, which is slated to be released tomorrow, i.e. 31st July, 2020 and seeking injunction against such release.”

Read Order:

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