On Originality and Copyright In Theatre

Deepa Punjani

THE MANGANIYAR SEDUCTION

Roysten Abel, the director of THE MANGANIYAR SEDUCTION had filed a case claiming that the defendants had infringed upon his copyright of the production, which he considered to be an "original dramatic work". He pleaded that the defendants had not only copied the title of his show but also various definitive elements of the stage design, which included light and stage directions, as well as the way in which the musicians presented themselves. The defendants settled with Abel by agreeing to apologise as well as pay damages.

The law firm Anand & Anand that handled the case lists a few examples on their website on how the Intellectual Property Rights Law can be envisaged as far as theatre goes. Besides the Copyright Act, the Indian Trademark Act can also have a bearing.

R.G. Anand vs. Delux Films and Ors., AIR 1978 SC 1613

On the other hand, in an old case, the claim by architect cum playwright R.G. Anand that Delux films and other defendants, had infringed the copyright of his play HUM HINDUSTANI (1953), was not held up by the Supreme Court. The Supreme Court said they did not find any "substantial copy" between the play and the film. R.G. Anand had alleged that the film had violated the copyright of his play. It appears that the fundamental principles developed in this case for grounds of substantial similarity still hold good for disputes on copyright infringement.

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