From Script To Screen: The 'Fire Bird' vs 'Sky Force' Showdown

INTRODUCTION

The Hon'ble High Court of Bombay, vide its Order dated January 23, 2025, rejected the Plaintiff's prayer of an ad-interim stay on the release and broadcast of the film titled "Sky Force". In the present case, Sandeep Gangatkar (hereinafter referred to as the 'Plaintiff') filed a suit for copyright infringement against Sandeep Kewlani & Ors (hereinafter referred to as 'Defendants'), claiming that the story of the Defendants' 'Sky Force' movie infringes the Plaintiff's copyright vested in his script titled "Fire Bird". Hon'ble Mr. Justice Manish Pitale, while ruling in favour of the Defendants, held that the Defendants would suffer immense loss if stay was granted, especially since the Plaintiff had approached the Court at the eleventh hour.

BACKGROUND OF THE CASE

The Plaintiff herein is an accomplished and renowned creative director, executive producer, scriptwriter as well as an animator, who has been a part of the Indian entertainment industry since the past two decades. The Plaintiff has extensive experience in the animation and entertainment industry, and has been actively engaged in the production of several high-profile projects, including cinematographic films, television series and web-series. The Plaintiff, in the year 2014, also wrote a script titled 'Fire Bird', which was based on the historical facts pertaining to the Air Raid conducted by the Indian Air Force during the Indo-Pak war in 1965.

The Defendants herein are parties involved in the making and release of the movie "Sky Force", which, according to the allegations of the Plaintiff, is an imitation of the aforesaid 'Fire Bird' script and thereby infringes the Plaintiff's copyright.

The Plaintiff claims that the cause of action for the present case arose on January 08, 2025, when the trailer for the film 'Sky Force' was released. When the said trailer was released, the Plaintiff became aware about the resemblance between his script 'Fire Bird' and the film 'Sky Force', which led the Plaintiff to approach the Hon'ble Court to effectively protect the intellectual property rights vested in his script.

CONTENTIONS OF PARTIES

Plaintiff

• That the Defendants are infringing upon the Plaintiff's copyright in a script titled 'Fire Bird', as the story of the film 'Sky Force' copies/imitates the Plaintiff's script in which he claims copyright.
• That the script of 'Fire Bird' was shared to the Defendant No. 1 in 2014, in the backdrop of a Memorandum of Understanding executed between them.
• That the Plaintiff became aware about the resemblance between his script "Fire Bird" and the film "Sky Force" through the trailer released on January 07, 2025. Thereupon, the plaintiff was constrained to file the present suit.
• That initially, the Plaintiff approached the Defendants to discuss the Plaintiff's issues regarding the story of the film, and its close resemblance to the 'Fire Bird' script. Thereafter, both the parties came to the negotiating table to amicably resolve any disputes between the parties. However, on January 17, 2025, to the Plaintiff's surprise, the Defendants dishonestly denied all claims of the Plaintiff, which constrained the Plaintiff to rush to this Hon'ble Court.
• That since the Plaintiff has a strong case on merits, the Court may consider directing the Defendants to screen the film for the Plaintiff, in order to demonstrate the merits of the case and the resemblance between the artistic works of both the parties.

Defendants

• That it is a settled position of law that when a Plaintiff approaches the Court at the eleventh hour, the Court is not to entertain prayers for urgent ad-interim reliefs.
• That the details about the proposed film 'Sky Force' were in the public domain since October 2023, about which the Plaintiff was admittedly aware. It was further submitted that short affidavits, elucidating the availability of the details of film in public domain since 2023, could be tendered before this Court along with relevant documents.
• That considering the experience and credentials of the Plaintiff in the entertainment industry, the Plaintiff cannot say that he was not aware about the film's material being in the public domain. In view thereof, it is sufficiently clear that the Plaintiff waited for the film to be produced and reach the stage of release, so as to cause immense and irreparable damage to the Defendants, while eradicating healthy competition in the creative industry.
• That the film 'Sky Force' was advertised and promoted extensively by the Defendants since October 2023:
• • Teaser of 'Sky Force' was shared on social media and OTT platforms on October 02, 2023, showing the Defendant No. 1 as writer and co-director of the movie.
  • A specific release on ottplay.com on March 11, 2024, which talked about the specific details and the story behind the movie.
  • Articles published on Times of India, Bollywoodlife.com, Statesman, News18 and other media platforms (electronic and print), which consisted of the details that had already been placed in the public domain, with reference to the story of the film and the details of the actors playing the central characters in the said film.
  • Over 250 Crores had been invested by Defendant Nos. 2 and 3 in the making and the release of the film 'Sky Force'.
  • Domestic and overseas broadcasting, theatrical and music rights had been licensed to specific parties, with more than 2500 domestic theatrical screens booked.
• That an injunction or stay on the release of "Sky Force" film would cause huge irreparable losses to the Defendants.

LEGAL ISSUES CONSIDERED BY THE COURT AND ITS SUBSEQUENT FINDINGS

• Approaching the Court in the eleventh hour – Delay, Laches and Acquiscience
  After careful and thorough analysis of the Affidavits filed by the Defendants, the Court was of the opinion that the Plaintiff waited during the period of October 2023 till the film 'Sky Force' was completed and has chosen to approach this Court to seek stay on the release of the film at the eleventh hour, only a couple of days before the release date of the film i.e., January 24, 2025.Meanwhile, the Defendant Nos. 2 & 3 had invested over INR 2500 million during said period, and had also licensed the domestic and overseas theatrical rights to specific parties, with more than 2500 domestic theatrical screens being booked. Advance bookings and deliveries of film material for theatrical exhibition of the film had also been completed by the time of filing of the present suit. Thus, the Court held that the present proceedings are not only delayed, but can also be treated as a litigation strategy on part of the Plaintiff to seek urgent ad-interim reliefs at the eleventh hour when the film is about to be released.
• Balance of Convenience and Irreparable Loss
  The Court opined that the balance of convenience is clearly in favour of the defendants. It held that the Defendants would suffer immense loss if an ad-interim stay on the film's release is granted, particularly when the Plaintiff has approached the Court at the eleventh hour and just before the release of the film. By failing to take any action between the period of October 2023 till January 2025, despite the material being in public domain, the Plaintiff allowed the film to be completed with substantial amounts being invested by Defendant Nos. 2 & 3.

JUDGEMENT

The Hon'ble High Court of Bombay considered the following factors while denying the plea of Plaintiff for a stay on the release of the film 'Sky Force':

• Plaintiff herein had himself given the script, in which he claims copyright, to Defendant No. 1 in 2014. The Plaintiff very well knew about the story contained in his own script given to Defendant No. 1.
• In spite of the details of the film 'Sky Force' being in public domain since October 2023, showing the Defendant No. 1 as the writer and co-director, the Plaintiff did not take any action until the movie was completed and ready to release. The Plaintiff ought to have moved with alacrity.
• During this period of inaction from the Plaintiff, the Defendants heavily invested large amounts of money for the make and release of the film. Granting a stay on the release of the film would cause huge irreparable losses to the Defendants, particularly when the Defendant approached the Court at the eleventh hour just before the release of the film.

After careful consideration of arguments of both parties, the Hon'ble Court rejected Plaintiff's plea to screen the movie before its release for the Plaintiff to demonstrate its merits and the alleged resemblance. Further, since the balance of convenience was in favour of the Defendants, a stay on the release of the film 'Sky Force' was refused by Hon'ble Justice Manish Pitale.

AUTHOR'S NOTE

This case underscores the need for prompt and timely action regarding Copyright infringements, which put the Intellectual property rights of the Plaintiff at stake. The Hon'ble Court allowed the release of the movie "Sky Force", denying the plea of Plaintiff for screening before the movie is in the theaters. By seeking legal remedy in a vigilant manner and presenting appropriate evidence, copyright holders can secure relief and safeguard their creative works more efficiently and effectively. This ruling also highlights the Court's commitment to balancing the rights of Copyright holder with the interests of creative directors as well as producers in the Entertainment Industry.

The judgement in Sandeep Gagatkar vs Snadeep Kewlani & Ors¹. Highlights the critical need for timely and proactive actions in copyright disputes. The Court's decision to deny the Plaintiff's prayer for a stay on the release of 'Sky Force' underscores the importance of addressing potential infringements promptly, especially when significant investments have already been made in a project.

By waiting until the eleventh hour, despite the film's details being publicly available for over a year, the Plaintiff's inaction was a key factor in the Court's ruling. This case highlights the balance between the protecting intellectual property rights and considering the economic impact of last minute legal action.

Footnote

1. COMMERCIAL IP SUIT (L) NO. 2130 OF 2025

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