Suit for perpetual injunction restraining defendants from infringing the Plaintiff's copyright in the literary work and cinematograph film embodying television game show "Titan Antakshari" being broadcast on its television channel "Zee" since September, 1993 inter-alia by defendants broadcasting the television game show "Antakshari .
Defendant No. 1 was employed with plaintiff under designation 'Consultant' on 23.7.1992 and from 1.4.1999 he was engaged by plaintiff under contract of service .
Held, relationship between the Plaintiff and the first Defendant from inception was one of contract of service - Plaintiff is not entitled to monopoly in concept of testing person's knowledge and memory of Hindi film music, it is manner in which contestant's knowledge and memory is tested, which accounts for novelty.
There is no magic in expression "concept note" and it would be necessary for Court in each case, to examine whether concept note constitutes work which is copyrightable and entitled to protection under provisions of the Act, concept note has not been established by Plaintiff .
Making of another film is not included under section 14(d)(i) and such other film, even though it resembles completely copyrighted film, does not fall within expression 'to make a copy of the film' and, therefore, does not amount to infringement of whole of copyright of first film - Passing off action can lie in case of reality show or in case of serial which involves spontaneous participation and interaction of 95 different participants in each episode – Petition disposed of.