No doubt the central theme of the articles published by the second plaintiff and that of the drama and movie is the same, though the emphasis in the drama and the movie is more on human bondage, particularly of Indian women.
The articles published by Ashwini Sarin also contain an autobiographical account of the part actually played by him in the affair. He has presented the whole affair in his own style. But that at the most would give the plaintiff copyright in respect of these articles. There cannot, however, be a copyright in an event which has actually taken place.
There is a distinction between the materials upon which one claiming copyright has worked and the product of the application of his skill, judgment, labor and literary talent to these materials. Ideas, information, natural phenomenon and events on which an author expends his skill, labor capital, judgment and literary talent are common property and are not the subject or copyright; Indian Express Newspapers (Bombay) Pvt. Ltd. V. Dr. Jogmohan Mundhara, AIR 1985 Bom 229.
The articles published by Ashwini Sarin also contain an autobiographical account of the part actually played by him in the affair. He has presented the whole affair in his own style. But that at the most would give the plaintiff copyright in respect of these articles. There cannot, however, be a copyright in an event which has actually taken place.
There is a distinction between the materials upon which one claiming copyright has worked and the product of the application of his skill, judgment, labor and literary talent to these materials. Ideas, information, natural phenomenon and events on which an author expends his skill, labor capital, judgment and literary talent are common property and are not the subject or copyright; Indian Express Newspapers (Bombay) Pvt. Ltd. V. Dr. Jogmohan Mundhara, AIR 1985 Bom 229.