On Thursday(13th June),The Delhi High Court dismissed Pocket FM’s plea for an injunction against the TV series ‘Yakshini’ due to insufficient evidence. Justice Neena Bansal Krishna stated that while similarities were claimed in characters and scenarios, there was no proof of copyright infringement in the expression of ideas by Disney+Hotstar.
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NEW DELHI: The Delhi High Court, on Thursday(13th June), dismissed a plea filed by Pocket FM seeking temporary injunctions against the release of the television series ‘Yakshini’ by Disney+Hotstar. Pocket FM had alleged that the series infringed on their copyrighted material, but the court found a lack of substantial evidence to support their claims.
The bench, presided over by Justice Neena Bansal Krishna, observed-
“It should be noted that, apart from claims regarding the similarity of the characters ‘Yakshini’ and ‘Aghori’, and the similarity in the description of the scenario, there is currently no evidence suggesting a copyright violation of the ‘expression of idea’ by defendant No. 1.”
This statement underscores the court’s stance that merely claiming similarities between characters and scenarios is insufficient to prove copyright infringement.
Pocket FM, represented by Senior Advocate Darpan Wadhwa, asserted that the platform licenses original literary works and adapts them into audio formats. They highlighted an agreement with Anand Usha Borkar, assigning them rights to the character ‘Yakshini’, which they developed and launched in 2021.
Senior Advocate Wadhwa contended that Disney+Hotstar had produced a similar television series without authorization, thereby violating their exclusive rights.
In the court proceedings, Pocket FM emphasized the unique nature of their adaptation and the distinct characteristics of ‘Yakshini’. They argued that the similarities in the new television series amounted to a breach of their copyright. However, the court found that Pocket FM failed to provide concrete evidence that Disney+Hotstar had copied the specific expression of their idea.
Justice Bansal Krishna’s ruling clarified that the threshold for proving copyright infringement requires more than just showing similarities.
“It is necessary to demonstrate that the expression of the idea has been copied, not just the idea itself.”
-she remarked, indicating that copyright protection does not extend to general themes or concepts but to their particularized expressions.
The court’s decision to reject Pocket FM’s plea sets a significant precedent regarding copyright infringement claims in the entertainment industry. It highlights the necessity for plaintiffs to present solid evidence demonstrating that their specific creative expressions have been unlawfully replicated.
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For Disney+Hotstar, this ruling allows the continued release and distribution of the ‘Yakshini’ series without the risk of legal injunctions from Pocket FM. This decision also provides a degree of clarity on how the courts may handle similar disputes in the future, emphasizing the need for concrete proof of infringement beyond mere thematic or character similarities.
Senior Advocate Wadhwa has accused Disney+Hotstar of misrepresenting its association with ‘Yakshini,’ which could potentially harm the established goodwill of Pocket FM. The legal claim includes a demand for damages amounting to at least Rs. 2,00,01,000.
The court, while making its preliminary observations, noted that the complaint appeared to be seeking a preliminary injunction before the series release. However, the timeline of events revealed that news of the video series first surfaced on Twitter on 10th May 2024, followed by a report on 123telugu.com on 21st May 2024. A trailer was subsequently uploaded on YouTube on 27th May 2024, announcing the series launch scheduled for 13th June 2024 at midnight.
The court clarified a critical aspect of copyright law, stating-
“Copyright protects not ideas, themes, plots, or historical facts, but rather the specific form, manner, arrangement, and expression of these ideas by the author.”
The court further noted that while the plaintiff may claim an idea rooted in mythological stories-
“It is a character that has existed for ages and is mentioned in various scriptures, with details available on Wikipedia.”
The court examined the allegations of infringement and found that Pocket FM’s audio series, based on the ‘Yakshini’ concept, did not provide sufficient evidence to assert that Disney+Hotstar’s adaptation of the ‘Yakshini’ character in their video web series closely resembles or copies their work.
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The court observed-
“The similarity of names cannot be the sole criterion, especially since it is a mythological character featured in numerous existing works, movies, and books.”
In its assessment, the court stated-
“Prima facie,there is no indication of a copyright violation of the expression of the idea as claimed by the plaintiff. Since the web series is already scheduled for release today, no prima facie case has been established.”
The court has scheduled the connected matters for further consideration on July 10, 2024.
CASE TITLE:
Pocket FM Private Limited v Novi Digital Entertainment Private Limited & Anr.
