No copyright exists on title of literary work: Supreme Court

No copyright on the title of literary works, SC

Question: Recently the Supreme Court gives its judgment that no copyright exists on the title of a literary work. This judgment is given after the controversy arising from which of the following title of the Film?

(a) Chinar Daastaan-E-Ishq

(b) Kaanchi

(c) Desi Boys

(d) Shandar

Ans- (c)

Related Facts:

  • On 21 October, 2015 the Supreme Court gives its judgment that no copyright exists on the title of a literary work.
  • In this context, the Court made it clear that the copyright exists only of the literary work written by an author, not of the title of his work.
  • A bench comprising justices M B Lokur and S A Bobde passed the order on an appeal filed by Krishika Lulla and others against an order of the Bombay High Court  which had refused to quash a complaint filed by writer Shyam Vithalrao Devkatta.
  • It is notable that the author of ‘Desi Boyz’,  book Shyam Vithalrao Devkatta filed a case on  Krishika Lulla  against the Copyright Act for his film ‘Desi Boyz’.
  • In this context Devkatta said that the title of the movie is taken from the title of his book.

Reference:

http://www.thehindu.com/todays-paper/tp-national/copyright-does-not-exist-for-title-of-a-literary-work/article7791159.ece
http://lawyerslaw.org/titles-of-the-literary-work-no-copyright-exists-thus-no-claim-of-infringement-of-copyright-can-be-ordered-supreme-court/
http://www.dnaindia.com/india/report-no-copyright-exists-on-the-title-of-literary-work-supreme-court-2137112
http://barandbench.com/no-copyright-in-movies-title-supreme-court-in-desi-boyz-controversy/
http://hindi.eenaduindia.com/Delhi/DelhiNCR/2015/10/21191954/Desi-boys-film-director-relief-from-the-Supreme-Court.vpf