Beyond Reality Drama Pvt. Ltd., a production company, conceptualised a television show titled "Jadu Ki Nagri" with strong animation content. The foundational idea was formally documented in a concept note and registered
CS Professional · Intellectual Property Rights - Law and Practice · PYQS · June 2026
Beyond Reality Drama Pvt. Ltd., a production company, conceptualised a television show titled "Jadu Ki Nagri" with strong animation content. The foundational idea was formally documented in a concept note and registered with the Film Writers' Association. Over an extended period, the plaintiffs expanded this preliminary idea into a comprehensive blueprint for a television serial, incorporating detailed story, character delineations, familial structures, thematic tracks, set aesthetics, costumes, jewellery designs, VFX animation effects and other production elements. According to them, these iterations constituted original literary creations entitled to copyright protection. The Beyond Reality Drama contended that in anticipation of formal commissioning arrangement, founded upon trust and commercial confidence, they exchanged the concept notes and creative materials to JEEVA Entertainment Pvt. Ltd., a broadcasting company. A Letter of Intent was executed, reinforcing the expectation of collaboration. However, complications arose and Beyond Reality Drama declined this proposal and eventually withdrew their materials from JEEVA Entertainment Pvt. Ltd. Correspondence between the parties revealed a mutual understanding that developed narrative framework, characters and creative architecture would not be utilized by JEEVA Entertainment Pvt. Ltd without authorization. Despite these communications, JEEVA Entertainment Pvt. Ltd. aired a new serial titled "Jaduee Shahar" which, according to Beyond Reality Drama, bore substantial similarity to their developed concept and embodied the core elements previously shared in confidence. Furthermore, a famous Bollywood actor Sumant Shroff who has a three movies exclusive contract with Beyond Reality Drama Pvt. Ltd., found that without his consent, the first episode of the serial "Jaduee Shahar" included his morphed images and voice-cloned audio clips manipulating the viewers into believing that he has in fact played that character and landed his voice to the content, thereby harming his reputation. The serial generated significant viewers engagement, earning approximately ₹1.5 crore through advertising revenue from over five million views. Based upon the facts of the case, answer the following questions: Examine the justification for including computer programmes in "literary work". Also explain the infringements pertaining to copyright vested in software.
Answer & Explanation:
Answer 3(c) The definition of 'Literary wok' under section 2(0) of the Copyright Act, 1957 includes computer programmes, tables and compilations including computer "literary data bases. Computer programme as stated above was included within the definition of "literary work" in 1994. Computer programmes (also known as "software") originated with the invention of the computer itself. However, it was only with the advent of Personal Computers (PCs) in the 1980s that software became widely available and the need for protecting software under Copyright law became an issue. At this stage, it is apposite to refer to TRIPS which by virtue of Article 10(1) which states "Computer Programmes, whether in source or object code, shall be protected as literary works under the Berne Convention." The philosophical justification for including computer programmes within the definition of "literary work" has been that computer programmes are also products of intellectual skill like any other literary work. Developing a computer programme is an activity which is comparable to the writing of a novel or other literary work excepting that the "language" used as well as its uses are of a very different kind. Though a software can be written by individual programmer, most of the major softwares are the outcome of group efforts, where medium to large sized teams spend months or even years to write a programme. Like the unauthorised copying of literary works, unauthorised copying of computer programmes also attracts the same legal consequences under the Copyright law. Another justification for including Computer Programmes in the definition of literary work is also due to the fact that the cost of developing it is far greater than the cost of its duplication. Consequently, the creator can only benefit if the costs can be disseminated by sprading it through multiple copies of the work with some form of protection against unauthorised duplication of the work. Since the facility of copying a computer software and its duplication is within the easy reach of a potential pirate and since copies of software are indistinguishable from the original, publishers/owners of software are also confronted with daunting problems for safeguarding their interests under the Copyright law when large scale software piracy takes place. Software piracy has assumed enormous proportions in certain countries and has become a friction point in international trade negotiations. Within domestic jurisdictions also software piracy has thrown up serious challenges to enforcement authorities. The Copyright (Amendment) Act, 1994 has tried to address these questions and has incorporated internationally recognized standards and procedures for enforcement of copyright in the field of computer programmes. Infringements relating to Copyright vested in Software Software Piracy - Software piracy is the act of using, sharing, or reproducing a software product without the express consent of its creator. Software piracy is theft, the taking of another person's original concept and work. Software Counterfeiting - The unlicensed and unauthorized copying and sale of software in a configuration that is almost identical to the original product. End User Piracy - End users (including residential and business users) who are running unlicensed software on their computers or who have installed more copies of the programme than what is allowed by their licence agreements, such as a business with one licence who has five PCs running the software. Under-licensing is a type of end user piracy that the Business Software Alliance takes very seriously Pirated Hard Disk - Before selling a PC, computer sellers pre-install illicit copies of software. Some vendors install a single lawfully obtained copy on numerous machines. Normally, these computers are offered for sale for sale without any kind of licence information or discs. Internet Piracy - Software is made available for download on the Internet by third parties, either for free or at a cost. Pirates frequently utilise the Internet for advertising purposes to entice customers.
Topics: Copyright
Related Questions in this Topic
- Beyond Reality Drama Pvt. Ltd., a production company, conceptualised a television show titled "Jadu Ki Nagri" with stron...
- Beyond Reality Drama Pvt. Ltd., a production company, conceptualised a television show titled "Jadu Ki Nagri" with stron...
- Manshing is running a photocopy shop which was established in the year 1997 in the name and style of Maheswari Photocopy...
- Manshing is running a photocopy shop which was established in the year 1997 in the name and style of Maheswari Photocopy...
- Manshing is running a photocopy shop which was established in the year 1997 in the name and style of Maheswari Photocopy...