Ideas v expressions: High Court of Delhi reinforces copyright law distinction

The High Court of Delhi has dismissed a copyright claim over a generic advertisement. The petitioner, HMD Mobile India Private Limited (HMD Mobile), filed for rectification of a copyright registration held by respondent No. 1 (Rajan Aggarwal) for a literary/dramatic work titled Advertisement under Section 50 of the Copyright Act, 1957, read with Rule 71 of the Copyright Rules, 2013. Upon hearing the petition, the High Court of Delhi ordered the copyright registration for a generic “Coming Soon” advertising concept to be removed from the Register of Copyrights (HMD Mobile India Private Limited v Mr. Rajan Aggarwal & Anr., order dated May 14 2024).

HMD Mobile, a subsidiary of the Finnish company HMD Group Oy, had a licence from the Nokia Corporation to use the brand name “Nokia” in relation to mobile phones and related accessories. It launched an advertisement for Nokia products containing a short clip featuring the words “Coming Soon” followed by the Nokia mark and an associated jingle that, to its surprise, led respondent No. 1 to file a suit (CS (COMM) 213/2022) before the District Court, Karkardooma (Delhi) against HMD Mobile alleging infringement of his copyright. In response, HMD filed a rectification action before the High Court of Delhi.

Upon inspection of the Copyright Office records, HMD Mobile learnt of a discrepancy report issued with regard to respondent No. 1’s copyright registration wherein the deputy registrar of copyrights had raised an objection at the preliminary stage and called upon respondent No. 1 to clarify “how an idea could be copyrighted”. However, the copyright application had proceeded to registration without any subsequent communication on the issue being placed on record.

An extract of the copyright registration at issue is set out below.

"Name of the Title: Advertisement

Author: Rajan Aggarwal

Diary No: 7755/2015-CO/L

The work "Advertisement" has been created by me (Rajan). In this advertisement, icons used by me (Rajan) are "COMING SOON" and companies logo (name). It will be presented like, icon "COMING SOON"' on the black screen or paper either on television or newspaper and the name of the company will be seen either corner or centre of that black screen or paper. In the past, icon "COMING SOON" always used as when the product or the movie or the serial is coming. But I have tried it to use in a different way of promoting a product. I will don't use it in the same manner as when it is coming. I will use it as "WHAT" is coming in the nearer future.

Benefits

The benefit to the company is that they can capture the market in a different form. It can create a pressure on competitors. This idea is an initiative by the company which can increase their market value and brand value (by site visit). This idea can creates a curiosity in customers and competitors about the product or services which the company is going to launch.

The ways to present

If we use this on the television the name of the company appears on black screen with sound effect playing in the background or any 3D visual effects. That can compliment the idea and after This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/02/2024 at 23:55:38 that with any animated effect the phrase "COMING SOON" replaces the logo of the company.

The other way to present it in newspaper by using this phrase "COMING SOON" written with white color in the black portion of the newspaper. On the first day the advertisement will be on the last page of newspaper and till the launch of product or services the advertisement will shift from last to first page with decreasing countdown of days and increasing the size of the advertisement only if company wants."

HMD Mobile argued before the court that the registered work titled Advertisement did not meet the standards of originality under the copyright law. Under the guise of covering a novel expression, the subject registration covered a generic idea – it was described as an advertisement featuring the icon of ‘any’ company along with the words “Coming Soon”, which is a common advertising format used to whip up consumer interest.

Relying on precedent and statutory provisions, the court observed that despite the discrepancy report rightly raising an objection to registration of the copyright at issue, the registration was granted for reasons unclear. Considering the impugned copyright registration on its own merits, it found it to be obscure and abstract in its narration – at best expressing an idea or a concept, but unworthy of copyright protection. Examples of the expression being used extensively by third parties in promotional campaigns abounded and attested to the generic nature of the registered work.

The court observed that there is “no degree or modicum of creativity, but merely a short narration without any detail, investment, labour, or intellectual effort – simply plucked from the public domain and expressed on paper”. According to the court, lack of originality struck at the very root of the requirements for a literary work under Section 13(1)(a) of the Copyright Act, 1957.

Significantly, it also found that the idea sought to be copyrighted by respondent No. 1 could not be expressed in multiple forms; thus, the impugned registration was ineligible for copyright protection. Consequently, the court directed the removal of the impugned copyright registration from the Copyright Register. The need to have a “basic filtration process” at the stage of examination of copyright applications was also emphasised to ensure that similar applications for copyright were not granted.

The court's decision reinforces a fundamental principle of copyright law vesting in the idea-expression dichotomy; i.e., copyright protection extends to the expression of ideas, not the ideas themselves. Generic concepts or ideas, such as the use of the concept of “Coming Soon” in advertisements, cannot be monopolised through a copyright registration.