Summary
In a case between Rajiv Menon and Dr. M.P. Somaprasad, the Karnataka High Court was asked to decide whether the script “MS and Bala” infringed the plaintiff’s copyright in the book “MS – A Life in Music”, and who owned the copyright in the script. The Court held that the script was independently authored by the defendant and did not constitute an adaptation of the book, making him the copyright owner. As only public domain materials and facts were used in the script, the court stated that there was no copyright infringement. It applied the well established principle that copyright protects the expression of ideas, not ideas or historical facts themselves.
Background: MS Subbulakshmi’s Biopic
This copyright case revolved around a copyright dispute concerning a script for a proposed cinematographic film on the life of the renowned Carnatic vocalist M.S. Subbulakshmi. The plaintiff, Rajiv Menon, claimed to be the sole and exclusive copyright holder of the book “MS – A Life in Music” by T.J.S. George and of a script titled “MS and Bala”, which he asserted was based on the book. He alleged that Dr. M.P. Somaprasad (Defendant No. 1), whom he had engaged to direct the film, had violated his rights by independently using the script and proceeding to develop a film without his consent.
Menon sought several reliefs from the trial court, including a declaration of exclusive copyright ownership, a permanent injunction restraining the defendants from using the script or producing a film, return of all materials in their possession, damages of Rs. 1 crore, and other appropriate reliefs.
The trial court ruled in Menon’s favour. The defendants then filed a Regular First Appeal before the Karnataka High Court.
Questions Before the Court
The core issues before the High Court were:
- Whether Rajiv Menon had exclusive copyright over the book and script.
- Whether the script “MS and Bala” was an original work of Dr. Somaprasad or based on Menon’s copyrighted material.
- Whether Menon was entitled to the reliefs sought.
- Whether Dr. Somaprasad was entitled to relief through his counterclaim asserting copyright over the script.
Arguments by the Parties
Menon’s Arguments:
- Menon claimed exclusive rights to adapt the book “MS – A Life in Music” and to the script titled “MS and Bala”, asserting it was developed under his direction and ideas.
- He argued that Somaprasad had access to confidential information and breached trust by deviating from the original concept and proceeding to make a film without permission.
Dr. Somaprasad’s Arguments:
- Dr. Somaprasad contended that there was no formal agreement or contract binding him to Menon.
- He argued that the script “MS and Bala” was an original fictional work inspired by the lives of M.S. Subbulakshmi and Balasaraswati and was independently developed.
- He also claimed there was no copyright in historical facts or ideas, and any similarities were due to common knowledge in the public domain.
Court’s Analysis: Copyright Ownership and Infringement
The Court closely examined the nature of the script, the communications between the parties, and the concept of copyright under the Indian Copyright Act, 1957. It reiterated the principle that while ideas and historical facts are not copyrightable, the specific expression of those ideas is protected.
The Court observed that:
- The script was written by Dr. Somaprasad and not by Menon.
- The plaintiff admitted that the script deviated from the book and that he rejected it for the same reason.
- There was no formal contract or agreement between the parties confirming an assignment or collaboration on the copyright of the script.
Further, the Court found no substantial similarity between the script and the book to prove copyright infringement. It concluded that any similarities were due to factual content that was already in the public domain.
Findings and Order
Based on its analysis, the High Court set aside the trial court’s decree in favour of Rajiv Menon and allowed the appeal. It dismissed the plaintiff’s copyright infringement suit and granted the counterclaim relief to Dr. Somaprasad. The Court declared Dr. Somaprasad as the author and copyright owner of the script “MS and Bala”. It also permanently restrained Rajiv Menon from using or disclosing the script without prior consent from Dr. Somaprasad.
Citation: Rajiv Menon v. Dr. M.P. Somaprasad, RFA No. 1589 of 2014, Karnataka High Court (Apr. 9, 2025), https://indiankanoon.org/doc/46893073/ (visited June 19, 2025).
