You can’t remake someone’s film scene-for-scene and call it your own. The Delhi High Court found “Jabardasth” copied “Band Baaja Baaraat” in 19 ways — infringement. But it took six years, by which time the copy had already cashed in.
The case
Yash Raj Films, makers of “Band Baaja Baaraat,” sued Sri Sai Ganesh Productions over an unauthorised remake, “Jabardasth.” On 8 July 2019 the Delhi High Court held that copyright infringement requires “originality” under Section 13(3)(a) and Section 2(d) of the Copyright Act, 1957 — and that the defendant’s film lacked it, copying the original.
The timeline (and the problem)
- Nov/Dec 2011 — plaintiffs learn of the remake.
- Jan 2012 / Apr 2012 / Feb 2013 — three cease notices.
- Feb 2013 — the defendants release the film across India.
- Jul 2019 — decision, six years later.
That six-year gap let the infringing film succeed commercially before judgment — real financial loss to the original, and a caution about how delay can undercut the value of even a winning IP case.
The key holdings
- Jurisdiction. The defendants argued the film was conceived, written and directed in Hyderabad with no Delhi post-production. The court held the pan-India release (including Delhi) established jurisdiction.
- Substantial copying. The court found the defendant’s work similar to the plaintiff’s in 19 ways, lacking originality — copying the expression, not just the idea.
The takeaways
- Films are protected against slavish remakes. Copying the expression — the specific treatment, sequence and detail — is infringement, even across languages.
- Originality is the touchstone. A remake must bring genuine originality, not reproduce the original’s expression.
- Move fast. Delay lets an infringer profit; interim relief and prompt action matter as much as the eventual judgment. (See our note on enforcing an injunction.)
Frequently asked questions
Is an unauthorised film remake copyright infringement in India? Yes, where it copies the original’s protected expression rather than just a general idea — as the Delhi High Court found for “Jabardasth” copying “Band Baaja Baaraat.”
What makes copying infringement rather than inspiration? Copying the expression — the specific treatment, sequences and detail (here, 19 points of similarity) — without genuine originality.
Did the Hyderabad production location defeat Delhi jurisdiction? No. The film’s pan-India release, including in Delhi, established jurisdiction.
Why does the six-year delay matter? Because the infringing film succeeded commercially before judgment, showing how delay can erode the practical value of an IP win.
Legislation referred to
- The Copyright Act, 1957