CAN A CONCEPT NOTE
BE COPYRIGHTED - Whether a concept note is a mere idea that does not merit protection ?
In India, ideas cannot be
protected leading to the immediate conclusion that a concept being a mere idea
is not protected under copyright law. Arguably, even if the idea were to be
reduced to writing in the form of a concept note, the creation of a TV program
based on the same idea (or concept) would not violate the literary work. It
could be argued that the TV program would constitute an adaptation of the
literary work and would therefore be an infringement of the copyrighted concept
note. However, the term adaptation has been defined in a manner as to not
include a cinematographic work at all.
Section 2(a)(ii) of the Copyright Act, 1957 defines
“adaptation” in relation to literary works as “the conversion of the work into a dramatic work by way of performance
in public or otherwise.”
Section 2(h) defines “dramatic work” as not including cinematographic films."
Further, section2(m)(i) defines
“infringing copy” in relation to literary work as “a reproduction thereof
otherwise than in the form of a cinematographic film;”
however, the Explanation to section51(b) appears
to contradict section 2 (m) [or as
one court has state, “carves out an exception to section 2(m)” in that it
provides that for its purposes, the reproduction of a literary … work in the
form of a cinematograph film shall be deemed to be an ‘infringing copy’.
[Section 51 deals with when a copyright is infringed.]
Further, Section 14 of the Copyright Act, 1957 states:
14. “…, ‘copyright’ means the exclusive
right subject to the provisions of this Act, to do or authorize the doing of
any of any of the following acts in respect of a work or any substantial part
thereof, namely, –
(a) in the case of a literary, dramatic
or musical work, not being a computer programme,
(iv) to make any cinematograph film or sound recording in respect of the work;
From the above, although there seems to be a contradiction between sections
2(a)(ii) read with 2(h) and 2(m) and section 14 read with the Explanation to
section 51(b), it appears that the exclusive right to make a cinematograph film
in respect of a literary work lies with the author of the literary work.
Whether a concept note is a mere idea that
does not merit protection or whether it is a literary work, a subsequent
creation of a TV program based on which would contravene section 51 of the
Copyright Act?
In this regard the case
of Urmi Chiang vs Global Broadcast News
Pvt Ltd as well as the Swayamvar(Anil
Gupta vs Kunal Dasgupta) case can be relevant.These cases have similar facts.
The following were
facts established by these cases:
· An idea per se has no
copyright. But if the idea is developed into a concept fledged with adequate
details, then the same is capable of registration under the Copyright Act.
· In today's times where
in the audience is so large proper credit needs to be given to the creator of
the idea.
· persons who create an
idea/ concept or theme which is original, laws must ensure that such like
people are rewarded for their labour.Otherwise authors of the ideas who are
individuals, their ideas can be taken by the broadcasting companies or channels
owning companies and the persons who has conceived the same, would be robbed of
its labour.
· Concept of Confidential
communication- When an idea or concept has been developed to a stage that it
could be seen to be a concept which has some attractiveness so as to get an
audience on a television programme and could be realised as an actuality then
the concept is capable of being the subject of confidential communication
- Permissibility of registration of idea developed in
a concept
An idea per se
has no copyright, but if the same was developed into a concept fledged with
adequate details, the same could be registered under the provisions of the
Copyright Act, 1957 – Further, in case the confidential information
was used with certain variations, the same would amount to violation of
copyright under Section 51 and 55 of the Act.
