7/25/2019 Case Study Law

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Shri Arvindo wrote a play entitled Hamari Azadi in 2009. The play was enacted in the next few

years in elhi and !"m#ai. $t %ot %ood reviews in newspapers the play was #ased on the theme

of provincialism & its #anef"l and divisive effects on the society. A film ma'er( !r. )avi Seh%al

#ecome interested in ma'in% a film #ased on the play. He heard the play from Shri Arvindo in his

office. Shri )avi did not receive f"rther comm"nication from !r.Seh%al. Thereafter( !r Seh%al

anno"nced the prod"ction of a film *ew elhi. The pict"re was released in Septem#er 20+,.

-rom comments in the press Shri Arvindo felt that the film was very m"ch li'e his play( Hamari

Azadi. Thereafter( Shri Arvindo himself saw the pict"re & felt that the film was entirely #ased

on his play. He felt that Shri Seh%al had dishonesty imitated the play in the film & violated his

copyri%ht. He therefore moved the co"rt. !r. Seh%al )el"x films/ claimed that they had

comm"nicated to Shri Arvindo that the play mi%ht have #een all ri%ht for the amate"r sta%e #"t it

was too inade"ate for the p"rposes of ma'in% a f"ll len%th commercial motion pict"re. The 'ey

ar%"ments of )el"x -ilms were that they co"ld #e no copyri%ht on the s"#1ect or idea of

provincialism. Anyone can adopt to in his own way. They claimed that the motion pict"re was

"ite different from the play Hamari Azadi in its content( spirit & climax. Some similaritiesco"ld #e explained #y the fact that #oth were #ased on the idea of provincialism.

"estions

A/ isc"ss on the a#ove case in the ri%ht of provisions of the copy ri%ht law.

3/ Shri Arvindo wants to ta'e action in co"rt of law Advice Shri Arvindo.

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5/ $f yo" are 1"d%e( how will yo" treat this case6