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Deluxe offers media and entertainment services including digital distribution, cinema, mastering, streaming and asset management.
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Deluxe Media Inc., also known simply as Deluxe and formerly Deluxe Entertainment Services Group, Inc., is an American multinational multimedia and entertainment service provisions company owned by Platinum Equity, founded in 1915 by Hungarian-born American film producer William Fox and headquartered in Burbank, California.
- Introduction
- Facts of The Case
- Issues Involved
- Relevant Legal Provisions
- Arguments Advanced
- Judgment of The Court
- An Overview of The Comparative Analysis of Copyright Laws in India and The USA
- Conclusion
- References
Copyright is a legal entitlement available to the person or the company who is the sole creator of a particular product or item. It protects them against those who try to copy their endurance. But the real problem ensues when this right is subject to a breach by many. Breaching the copyright of another is an issue that has been lingering around for...
‘Hum Hindustani’ was a play written by Mr. R.G. Anand, the appellant, and an architect by profession, in 1953. It was a hit amongst the masses when performed the first time and was re-performed in...The appellant got wind that the respondent was making a film titled ‘New Delhi’, which he believed was an imitation of his famous play Hum Hindustani. When he pulled up the respondent about it, the...Inevitably, the appellant filed a suit of permanent injunction in the Trial Court in Delhi. He appealed that the respondent had tried to imitate his work, breaching his copyright, and pleaded for a...The appellant then took to the High Court of Delhi, seeking to set aside the order imparted by the Trial Court. But even the High Court refused to entertain his plea, asserting that the Trial Court...The primary issue involved herein was whether the film titled ‘New Delhi’, created by the respondent breaches the appellant’s copyright for the play titled ‘Hum Hindustani’ or not.
The relevant legal provisions discussed in the case were:- 1. Section-1(2)(d)of the Copyright Act, 1911: This section states that copyright means the right to produce, deliver, perform or publish the work or any part of it in public. Sub-clause(d) provides it in the case of any literary, dramatic, or musical work to make any record, perforated roll...
Arguments by the appellant
The learned counsel appearing on behalf of the appellant submitted that the application of the concerned laws by the Trial Court was inappropriate. The court also failed to consider the legal aspects developed by courts in India, England, and the USA regarding the copyright breach. The learned counsel further asserted that the film has an inescapable similarity to the play written by the appellant. The storyline was more or less the same, with the location being the same place as the play. Th...
Arguments by the respondent
The learned counsel appearing on behalf of the respondent strictly denied the claims made by the appellant. He stated that the film and the play stood far apart from each other. Both of them had different events involved, and their essence varied to a great extent. The learned counsel further asserted that the Trial Court was correct in its evaluation. Thus, there was no question of a breach of the appellant’s copyright.
The Supreme Court stated that even though the film and the play had a foundation based on the idea of provincialism, similarities were negligible. Both of them were very different in their context. There were various plots in the film that were not present in the play. The apex court also stated that an ordinary man would not scan any similarity be...
As mentioned at the beginning of the article, copyright is a legal entitlement available to the person or the company who is the sole creator of a particular product or item. It provides them with an exclusive right over their creation. While in the USA, the US Copyright Office, the governmental body that deals with issues relating to the subject m...
The decision proclaimed by the Supreme Court in the case in question continues to serve as a guiding light in copyright breach cases. To sum this decision up in a single sentence, any idea or a plot does not make up the copyright. Other courts in India follow this proposition or the ‘ratio decidendi’ laid down by the Supreme Court to date. A famous...
Jan 11, 2022 · M/s Delux Films and others (1978). The decision marked the beginning of a new era under the Copyright law, clarifying that copyright does not apply to mere ideas, but rather to the expression of thoughts/ideas, etc. This blog is going to highlight the main findings of the judgment and its relevance in recent times.
Aug 31, 2021 · In this article, the author discusses the case of R G Anand v. Delux Films in consonance with the concept of substantial similarity and copyrightability of ideas.
Mar 28, 2019 · With Vijay Sethupathi, Fahadh Faasil, Samantha Ruth Prabhu, Ramya Krishnan. An unfaithful newly-wed wife, an estranged father, a priest and an angry son suddenly find themselves in the most unexpected predicaments, each poised to experience their destiny, all on one fateful day.
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May 1, 2024 · Delux Films produced a movie titled “New Delhi” in 1956, which incorporated elements of Anand’s play, including the plot, characters, and dialogues. RG Anand filed a lawsuit against Delux Films, alleging that they had copied significant portions of his play without his permission.
