Delhi High Court Upholds Single Judge Order Holding Satyajit Ray As First Owner Of Copyright In ‘Nayak’ Movie

The Delhi High Court has upheld a single judge order which ruled that late director Satyajit Ray is the first owner of copyright in 1966 Bengali film 'Nayak' and that the right to novelize its screenplay is also vested in him.

A division bench of Justice Yashwant Varma and Justice Tushar Rao Gedela dismissed the appeal moved by RDB and Co. HUF, whose 'Karta' R.D. Bansal had commissioned Ray to write and direct the film, challenging the single judge order passed on May 23.

The plaintiff HUF had sought to restrain publishing house Harpercollins from novelizing the film written by Bhaskar Chattopadhyay. The book was published in May 2018.

Vide the impugned order, the single judge had allowed Harpercollins’ application seeking rendition of a summary judgment for dismissal of the suit on the ground that it was bereft of any cause of action. Consequently, the HUF’s prayer seeking permanent injunction against the publication house was rejected.

Upholding the single judge order, the division bench said that the copyright in the screenplay of the movie would clearly have to be recognised to vest in the author of the literary work, i.e. Satyajit Ray.

“While the plaintiff / appellant may have been the producer of the film “Nayak”, it could not have possibly claimed a supervening right in the screenplay in light of the clear language and intent of Section 13(4) of the Act,” the court said.

It added that once it is recognised that the copyright existed in the author of the screenplay, any right which the plaintiff HUF could claim in the cinematographic work would not have either impacted or diluted Ray’s right in the screenplay.

“For all aforesaid reasons, we find no merit in the challenge raised to the impugned order. The appeal fails and shall stand dismissed,” the court held.

About the Controversy

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 single judge had 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 single judge also said 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.

Case Title: RDB AND CO(HUF) v. HARPER COLLINS PUBLISHERS INDIA PVT. LTD.

Citation: 2023 LiveLaw (Del) 704

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