Protection of Screenplay & Script

Designing a script is one of the first steps in making a film. The process involves conceptualizing an idea and creating a model character that leads to the preparation of storyboards and scripts. This process usually involves quite a few people like the source of the idea, the producer, the director, the screenwriter and the dialog writer. The producer is obligated to certify that all rights that vest in each of the individuals participating in the script creation process are duly acquired by him to complete the chain of title because as per section 2(y) of copyright act 1957, copyright vest in literary and artistic work such as script. When a writer has an idea and wishes to lookout for script development funding, he needs to share the idea with multiple individuals. Copyright law grants protection to expression and not to idea. Therefore, the idea is only protected by copyright, if it is given in a specific form with the appropriate details. With a single idea multiple storylines can be developed, each capable of separate copyright protection. Hence, the only way the script writer may be able to protect the idea would be through non-disclosure agreements (NDAs).Courts have approved the protection of an idea through such nondisclosure agreements or when the idea has been transmitted with confidence. In the case of Zee Telefilms Ltd. v Sundial Communications Pvt. Ltd. Sundial developed the idea of a TV series called Krish Kanhaiy and got in touch with the MD of Zee for sharing the idea where the basic plot and the character sketches were outlined in confidence. Future, it was found that a TV series called Kanhaiya was screened on Zee and this series was significantly similar in nature to the idea that Sundial had shared to Zee and therefore, Sundial filed a suit against Zee and sought for injunction. In an appeal against this Zee injunction, the Bombay Supreme Court concluded that an average person would certainly conclude that Zee's film was based on the script of Sundial, and therefore confirmed the injunction against Zee, taking into account the commercial prospects Sundial further said that the Goodwill of sundial would suffer seriously if confidential information of this type were allowed to be used. In the event of a dispute, the author must prove, in addition to the NDA, that he invented the idea and the date of its creation.