The Delhi High Court recently emphasized the principle that copyright protection extends to the expression of ideas rather than the ideas themselves. This assertion came during the dismissal of an application seeking an interim injunction against the defendants involved in the creation and distribution of the film "Shamshera."

Justice Jyoti Singh, presiding over the case, noted that the plaintiff's claim of a monopoly over elements such as period drama, father-son dynamics, use of children, birds, hot oil, horses, underground tunnels, and a plot centered around revenge and rebellion against foreign invasions was too broad and common in Bollywood movies.

The court allowed the streaming and broadcasting of "Shamshera," stating that the plaintiff failed to establish a prima facie case of copyright infringement. Despite the plaintiff's argument that the film infringed on their copyrighted script titled ‘Kabu na chhadein Khet,’ the court found a lack of substantial copying and emphasized that the plaintiff must demonstrate substantial similarity for a claim of copyright infringement.

Referring to the precedent set in the case of R.G. Anand v. Delux Films and Others, the court reiterated that copyright protection doesn't extend to ideas alone but requires a substantial similarity between the rival works. The court concluded that the ideas presented in the plaintiff's script did not merit copyright protection, particularly in common or stock elements.

The comparison between the script and the film did not reveal substantial copying, leading to the dismissal of the application for an interim injunction.

Case: Bikramjeet Singh Bhullar vs Yash Raj Films Private Limited & Ors.

CS(COMM) 483/2022.