By Aishwarya Hariharan and Aditya Vats Sharma
Introduction
Whenever we think of a particular character, they are often inextricably linked with a colourful cast of supporting characters or portrayed in a noteworthy surrounding that is closely associated with them, that it’s hard to envision the character outside of that context. The beloved characters from the popular TV show “Taarak Mehta Ka Oolta Chashma” are quintessential examples of this kind, with their dilly-dallying of everyday life, all concised within a crisp 20-22 minute episode.
Recently, the Hon’ble Delhi High Court, passed a significant order in the matter, titled “Neela Film Productions Private Limited v. Taarakmehtakaooltahchashmah.com & Ors.[1]”, wherein an ex-parte ad-interim injunction was granted to the Plaintiff against the Defendants, which prominently included websites, e-commerce platforms, numerous YouTube channels and other unknown imposters impleaded within the suit as ‘John Doe(s)’. Vide order dated August 14, 2024 of the Court, the Defendants have been temporarily restrained from infringing the copyright and trademark of the makers as well as producers of the popular Hindi television sitcom “Taarak Mehta Ka Oolta Chashma”. The case is another example of how the internet allows easy circumvention of Digital Rights Management (D.R.M), leading to widespread infringement of valuable intellectual property.
However, the present case focuses on protecting certain substantial elements of copyrighted content, such as specific fictional characters and their distinctive personas. It emphasises on the ongoing discussion about what can be copyrighted as well as personality rights of such fictional characters.
Factual Background
The Plaintiff, i.e., Neela Film Productions Pvt. Ltd., is a renowned film & television production house that filed a commercial suit for permanent injunction against infringement of its registered copyrights and trademarks, accruing from the content of their popular show, “Taarak Mehta Ka Ooltah Chashmah”, including, but not limited to, the vibrant characters, their names, behaviour, dialogues, style, overall look, animations and other distinct elements exclusively associated with them.
Further, the Plaintiff alleged that the Defendants were misappropriating their rights for commercial benefit in the show’s content, its unique format, the image, likeness and identity of the featured characters, protected under the provisions of the Copyright Act, 1957. As such, the Plaintiff’s brand and goodwill were being diluted and tarnished by publishing of A.I.-generated deep-fake content using the characters’ likeness and appearance across various online platforms, including lewd websites. The Plaintiff argued that this was harming the show’s reputation as the show and its characters had built a good reputation over the years.
The Court-Room Discourse
During the course of arguments, the Plaintiff’s counsel relied upon the Hon’ble Delhi High Court’s recent landmark judgment in Anil Kapoor v. Simply Life India & Ors.[2], wherein, the Hon’ble Court while deciding in favour of the prominent Bollywood personality Mr. Anil Kapoor, held that, “the Plaintiff’s name, likeness, image, persona, etc., deserves to be protected, not only for Plaintiff’s own sake but also for the sake of his family and friends who would not like to see his image, name and other elements being misused, especially for such tarnishing and negative use”. By doing so, the Hon’ble Court recognized and safeguarded the distinct personality rights of celebrities, including the rights of endorsement and privacy, against widespread online exploitation and unauthorised commercial use. Further, the Court dealt with the risks posed by A.I. – based deep-fake and facial distortion technology, which can aid in infringing and facilitating the morbid, unauthorised portrayals of celebrities/characters over pornographic websites, with the effect of diluting and tarnishing their persona.
Relying on the aforesaid dicta, the Hon’ble Court granted an injunction against the Defendants and other relevant parties, acting on their behalf from streaming, broadcasting, re-transmitting or distributing any content, including the show’s title, characters, format and any underlying material, as well as sale of goods or services, infringing upon the Plaintiff’s copyrighted material or registered trademarks related to “Taarak Mehta Ka Ooltah Chshmah”. Further, the Court specifically ordered take down of the infringing content, including YouTube videos as well as the impugned sexually explicit material, within 48 hours of passing of the order.
Author’s Note
The subject of extending copyright protection to fictional characters is something which has developed as a result of numerous judicial precedents in India, even though no protection has been accorded to fictional characters by the Copyright Act, 1957.
The U.S. Court of Appeals for the Second Circuit in the landmark case of Nichols v. Universal Pictures Corp.[3], established the “Character Delineation Test” for protection of certain features of a work, such as Fictional Characters, independent of their plot or story. Whereas, the case of Warner Bros. Pictures v. Columbia Broadcasting System[4] introduced the “Story Being Told” test, tying protection to the independent development and centrality of the characters vis à vis the larger storyline.
However, in India, fictional characters, are not categorically enumerated within the statutory definition of “works” under Section – 13 of the Copyright Act, 1957. The term “works” has been liberally construed and expanded over the years through various judicial precedents. The Hon’ble Court in Star India Private Limited v. Leo Burnett (India) Private Ltd. [5], recognized protection to fictional characters, and expressly extended it to characters in Indian comic books, such as “Nagraj,” and TV serials, against commercial misuse.
Fairly recently, the Hon’ble Bombay High Court in Arbaaz Khan Productions Pvt. Ltd. v. Northstar Entertainment Pvt Ltd. & Ors.[6], while denying ad-interim ex-parte relief to the Plaintiff, against the alleged infringement of the character “Chulbul Pandey” on account of there being considerable delay in approaching the Court, recognised the copyrightability of fictional characters and held that, “realization of a persona with iconic characteristics and traits that make him or her unique. Where such a character is developed and realized by a person entitled in law to hold copyright, there should be no difficulty in accepting that such copyright does subsist in that character and that a person or entity is entitled to it.”
To conclude, the injunction order granted by the Hon’ble Delhi High Court in Neela Film Productions Private Limited v. Taarakmehtakaooltahchashmah.com & Ors. marks a significant step in the protection of intellectual property rights vested in fictional characters, and their unique personas, particularly keeping in view the digital domain. This case highlights the evolving landscape of copyright law as it pertains to fictional characters, which, while not explicitly defined within the Copyright Act, are gaining widespread recognition and making their own place within the copyright legislation through judicial interpretations and precedents.
The case reflects a growing awareness of personality rights and the necessity of protecting creative works in an era where digital infringement is prevalent. It serves as a reminder that the unique identity of fictional characters, which resonate deeply with audiences, deserves robust legal protection, ensuring that the creators’ rights are respected and that their contributions to popular culture are preserved.
[1] CS(COMM) 690/2024
[2] 2023 SCC OnLine Del 6914
[3] 45 F.2d 119 (1930)
[4] 102 F. Supp. 141
[5] 2002 SCC OnLine Bom 942
[6] 2016 SCC OnLine Bom 1812