Copyright Infringement after all?

India’s Best Dramebaaz vs. Sabse Bada Kalakaar

The Bombay High Court has refused to grant relief to Zee Entertainment Enterprises Ltd. which claimed that Sony Pictures Networks India Pvt. Ltd.’s show “Sabse Bada Kalakaar” has been copied from Zee’s show “India’s Best Dramebaaz”, a popular talent hunt show focusing on children aged 5-12

Zee had claimed that Sony had infringed its copyright over its production bible and concept note. A “production bible” contains a detailed outline of the show’s premise and setting, character profile, and assorted rules and guidelines for the show.

Justice G. S. Patel, presiding over the case, said that “What Zee needs to be able to show is that there is something in its production bible, concept note or its show that is utterly and identifiably original and that this has been copied by Sony. Zee must specify what precisely it claims to monopolize.”

According to the statements submitted by Zee, Zee had entered into a production agreement with Frames in March 2016, according to which the role of Frames was to be the Producer of the show. In November 2016, a representative of Frames e-mailed Zee which stated that they wanted to pitch a new show called “Nautanki ke superstars”. It was then that Zee states it noticed that this was completed lifted from its show “India’s Best Dramebaaz”. As per Zee’s claim, after successfully completing two seasons of the show “India’s Best Dramebaaz”, Frames production had informed Zee that it would not be pursuing the concept any further. However, when Zee expressed their desire to launch “India’s Best Dramebaaz – Season 3” in January 2017, Frames stated that it had “sold” the concept to Sony.

After knowing this, Zee wrote to Sony in January itself to which Sony denied having any involvement in a show titled “Nautanki ke Superstars”. Sony submitted to the Court that it was in fact developing a show called Sabse Bada Kalakar with the concept of a talent hunt show for children. For this purpose, Sony had formed its own concept note and production bible.

After going through the production bibles of the respective shows and dismissing the Notice of Motion, Justice Patel concluded, “In my view, the manner in which the selections are made and the trajectories of the two shows are quite distinct. The fact that both feature children, the fact that both seek out children with acting talent, the fact that both seek out children with acting talent from different cities, and the fact that they seek out the best of these is hardly something in which anyone can claim copyright.”

The court stated that Zee was unable to prove its claim, as it is a much stricter measure to find similarity in a show which is yet to be released as compared to similarity between two shows that were already out and running. The court has availed the option to Zee to file a fresh application, if it still found any similarities, after watching few episodes of Sony’s show.

This comes as a relief for Sony, whose show “India’s Best Kalakaar” was slated to release on April 8, 2017.