Delhi High Court rejects plea against OTT streaming of Ranbir Kapoor's Shamshera

In the order dated December 20, Justice Jyoti Singh observed that the "treatment meted out to the story of the film, in many ways, makes it different from the script" of Kabu na chhadein Khet.

While rejecting the plea, Justice Singh noted that the ideas in the script of Bikramjeet Singh Bhullar cannot be given copyright protection and more so in the stock elements.

“A comparison of the script and the impugned film does not leave an impression that one is a substantial copy of the other,” Justice Singh said.

The High Court observed that there can be no copyright in a story on account of it being a “period drama”. It added that there can be no copyright protection in themes, plots, or ideas.

“There can be no doubt that writers must be given their due. However, the plaintiff has been unable to make out a prima facie case of copyright infringement, and thus no relief can be granted in favour of the plaintiff injuncting the defendants from continuing with the telecast of their film on the OTT platforms,” read the High Court order.

The High Court further stated that there have been numerous examples of films in the past within this genre “including the one with which the plaintiff initially had problem i.e. Kesari but had given up the objection fairly on finding the same to be substantially different.”

“While the script is on the villages of Punjab and its inhabitants, facing oppression by Afghan invaders, the film centres on casteism i.e. upper caste oppressing the lower castes and forcing them to leave the main town and live in forests,” the High Court order read.

It added, “Comparison of locations set in North India, as rightly contended by the defendants, cannot be a ground to hold infringement of copyright and similarly features such as burning oil, water, birds, star for the purpose of navigation, secret underwater tunnels horses, ghaghra and its unswirling, sensuous scenes etc., have been used in movies from times immemorial and very many movies come to mind on this aspect readily and are hackneyed subjects of almost every fiction and matters of common grasp.”

Shamshera is streaming on Amazon Prime Video.