R.G. Anand v. Delux Films

Copyright protects expression, not ideas — similarity in theme alone is not infringement.

Summary

This is a foundational Indian copyright judgment that clearly distinguished between an idea and its expression. The Supreme Court examined whether a film allegedly copied the plaintiff’s play and clarified when similarities amount to copyright infringement. The ruling laid down enduring principles for assessing substantial similarity in literary and dramatic works.

Facts of the Case

R.G. Anand, a playwright, wrote a play titled “Hum Hindustani”, dealing with the theme of national integration and social unity. Delux Films later produced a Hindi movie with a similar theme. Anand alleged that the film was substantially copied from his play and claimed copyright infringement. The defendants argued that while the theme was similar, the storyline, characters, presentation, and treatment were entirely different.

Findings / Reasoning

The Supreme Court held that copyright does not protect ideas, themes, plots, or historical facts; it protects only the form of expression. The Court stated that where the same idea is developed in a different manner, there is no infringement. It further observed that for infringement to occur, the resemblance must be substantial and apparent to an ordinary viewer. Mere similarity in concept or subject matter is insufficient if the overall impression is different.

Suggestions / Observations

The judgment cautioned courts against over-protecting ideas, as doing so would stifle creativity. Authors are free to draw inspiration from common themes, provided they express them in an original manner. The test laid down—whether an average person would conclude that one work is a copy of another—became a guiding principle in Indian copyright law.

Judgment & Date

The Supreme Court dismissed the infringement claim and held that the film did not copy the plaintiff’s play in its expression.

Judgment Date : 23 August 1978