Satyajit Ray First Owner Of Copyright In ‘Nayak’ Movie, Right To Novelize Screenplay Vested In Him: Delhi High Court
The Delhi High Court on Tuesday held that late director Satyajit Ray is the first owner of copyright in 1966 Bengali film 'Nayak' and the right to novelize its screenplay is also vested in him.Justice C Hari Shankar was hearing a suit moved by RDB and Co. HUF, whose 'Karta' R.D. Bansal had commissioned Ray to write and direct the film, seeking to restrain publishing house Harpercollins...
The Delhi High Court on Tuesday held that late director Satyajit Ray is the first owner of copyright in 1966 Bengali film 'Nayak' and the right to novelize its screenplay is also vested in him.
Justice C Hari Shankar was hearing a suit moved by RDB and Co. HUF, whose 'Karta' R.D. Bansal had commissioned Ray to write and direct the film, seeking to restrain publishing house Harpercollins from novelizing the film written by Bhaskar Chattopadhyay. The book was published in May 2018.
It was the case of the plaintiff HUF that the novelization of the screenplay by Bhaskar Chattopadhyay and publication of the novel by Harpercollins constituted infringement of its copyright, under Section 51 of the Copyright Act.
On the other hand, Harpercollins contended that the copyright in the screenplay vested in Satyajit Ray and after his death in 1992, the same vested in his son Sandip Ray and Society for Preservation of Satyajit Ray Archives, of which Sandip Ray is a member.
Harpercollins also claimed that it had obtained a license from Sandip Ray and SPSRA to novelize the screenplay of the film.
Refusing to injunct Harpercollins from novelizing screenplay of the movie, the court said:
“That right could be assigned by him [Satyajit Ray] and, consequent on his demise, by his son and others on whom the right devolved – on any other person, under Section 18(1)44 of the Copyright Act. The assignment of the right to novelize the screenplay of the film 'Nayak' by Sandip Ray and the the Society for Preservation of Satyajit Ray Archives, in favour of the defendant is, therefore, wholly in order and in accordance with the provisions of the Act.”
The court added that the assertion by the plaintiff HUF regarding its copyright in the screenplay of the film was unsupported by any provision in the Copyright Act.
“Copyright in the screenplay of the film 'Nayak' vested, therefore, consequent on the demise of Satyajit Ray, on his son Sandip Ray and the SPSRA. The conferment of the right to novelize the screenplay, by Sandip Ray and the SPSRA on the defendant, therefore, is wholly in order,” the court said.
Justice Shankar added that the plaintiff HUF had not chosen to discredit the grant of right to novelize the screenplay of the film to the publishing house on any ground other than the contention that the copyright was vested with it and not with Sandip Ray and the SPSRA.
The court also said that it did not find any communications between the parties or any unequivocal acknowledgement by Harpercollins regarding the‘s copyright of plaintiff HUF in the screenplay of the movie.
“For the aforesaid discussion, the plaintiff has no right whatsoever, in law, to injunct the defendant from novelizing the screenplay of the film Nayak,” the court said.
Title: RDB AND CO. HUF v. HARPERCOLLINS PUBLISHERS INDIA PRIVATE LIMITED
Citation: 2023 LiveLaw (Del) 435