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Bombay HC rules film titles can’t be monopolised under copyright
Bombay HC rules film titles lack copyright protection, dismissing producer’s plea against Hotstar’s Lootere series; association registrations hold no statutory value.
Justice Sandeep Marne, however, ruled that such association-based registrations carry no statutory force and cannot be enforced against non-members.
The Bombay High Court has held that copyright law does not extend protection to film titles, dismissing producer Sunil Darshan Saberwal’s plea to block the release of Disney+ Hotstar’s web series Lootere, Bar and Bench reported.
As per the media report, Saberwal, who produced the 1993 Hindi film Lootere under his banner Shree Krishna International, argued that his title registrations with the Western India Film Producers Association (WIFPA) gave him exclusive rights over the name. He sought to restrain JioStar India from streaming the web series under the same title.
Justice Sandeep Marne, however, ruled that such association-based registrations carry no statutory force and cannot be enforced against non-members.
“Mere registration of title with an Association does not create any statutory right … Since the title of a book or a film does not constitute a ‘work’ under the Copyright Act, no copyright can subsist in a mere title,” the Court observed.
The judgment reinforces a settled position in Indian copyright law, film titles, unlike scripts, songs, or cinematographic works, are not protectable by copyright. Disputes over titles fall only within the private realm of industry associations, and not the courts.
The Court also pointed to Saberwal’s delay in approaching the court—filing his suit in March 2024 despite knowing about the upcoming web series since September 2022, as further weakening his claim. With the web series already streaming, the interim injunction plea was deemed infructuous.
The verdict serves as a reminder for producers that title protection cannot be secured through copyright law but only through trademark registration or private association agreements. For streaming platforms and studios, the ruling removes ambiguity over the reuse of film titles, provided they do not infringe on registered trademarks or create consumer confusion.
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