What did the Supreme Court say about copyright in titles?

The Court said a title alone is not a literary work. A single title, by itself, does not get copyright under Section 13 of the Copyright Act.

Does sending a synopsis give rights over the film title?

No. Sharing a synopsis does not create copyright in its title. Copyright protects the original expression in the work, not the bare title.

Can criminal proceedings continue for title-based copyright claims?

No, not on this basis. Since a title is not a copyrightable work, a criminal complaint for copyright infringement will not stand.

What should creators do to protect their works?

Focus on protecting the full script, book, lyrics, or screenplay. Use contracts, registrations, and clear records of creation for the actual work.

Is trademark protection possible for titles?

In some cases, yes—especially for series titles or when the title functions as a brand. That is a trademark question, not a copyright one.

krishika-lulla-ors-v-shyam-vithalrao-devkatta

Krishika Lulla & Ors. v. Shyam Vithalrao Devkatta

Can a title of a book or film be protected by copyright?

Supreme Court of India Cr. Appeal No. 259 of 2013 Copyright / IPR India ~6 min read

AUTHOR_NAME: Gulzar Hashmi PUBLISH_DATE: 01 Nov 2025 LOCATION: India krishika-lulla-ors-v-shyam-vithalrao-devkatta

PRIMARY_KEYWORDS: copyright in titles; film title; Section 13 SECONDARY_KEYWORDS: Desi Boyz; synopsis; Bombay High Court; Supreme Court

Quick Summary

The dispute was about the film title “Desi Boyz.” The book/synopsis author said the film title copied his title and violated his copyright. The Supreme Court held: a title alone is not a “literary work”. Copyright protects the expression in the full work—like the script or book—not a single title. So, the criminal complaint for copyright infringement could not continue.

Issues

Whether the title of any literary work can be protected by copyright.

Rules

Copyright applies to original literary, artistic, musical, dramatic works, and to cinematograph films and sound recordings.
“Original” means the work comes from the author and is not copied. It protects the expression, not ideas or short titles.
A title alone is generally too short to qualify as a literary work for copyright.

Facts (Timeline)

view

Book/Synopsis: The respondent wrote a book/synopsis titled “Desi boys” and registered it with the Film Writers Association.

Sharing the Idea: He sent the synopsis to a friend, who said a director’s son needed a comedy story. No reply came after sending it.

Film Promo: Later, a promo for a film titled “Desi Boyz” appeared. He filed a criminal complaint claiming copyright infringement of his title.

Arguments

Appellant (Producers)

A title alone is not a copyrightable work.
No copying of the underlying story/script was shown.
Criminal case for copyright infringement cannot stand on a title.

Respondent (Author)

The film used a title confusingly similar to his registered “Desi boys.”
He had shared the synopsis; the title was taken without consent.
Sought criminal action for copyright infringement.

Judgment

Appeal Allowed

The trial court took cognizance, noting IPC sections were pleaded. The producers moved the Bombay High Court to quash the complaint. The High Court declined. On appeal, the Supreme Court allowed the appeal and quashed the pending criminal complaint. It held there was no copyright infringement because a title by itself is not a protected “literary work.”

Title is only a label to identify the work; it is insufficient on its own.
Section 13 protects the full original work (book, script, etc.), not a single title.

Ratio Decidendi

A title, being a short phrase used to refer to a work, does not amount to a “literary work.” Therefore, it is not copyrightable. Without a protected work being copied, a copyright infringement action—especially a criminal one—cannot be sustained.

Why It Matters

Clarifies that titles are not protected by copyright law.
Important for films, books, music albums—similar titles may coexist unless other laws (like trademark or passing off) apply.
Guides creators to protect the full content (script, book), not just the name.

Key Takeaways

Copyright protects original expression, not short titles.
Criminal complaints cannot be based on title copying alone.
Consider trademark for branding protection of titles.

Register scripts/books; keep drafts and timestamps.
Use NDAs/contracts when sharing full works.

Mnemonic + 3-Step Hook

TITLE ≠ WORK — remember: Title is Identifier, not Text; Law guards the Expression.

Spot: Is the claim only about a title?
Check: Any copying of the work (book/script) proved?
Conclude: Title alone → no copyright infringement.

IRAC Outline

Issue

Can the title of a literary work be protected by copyright?

Rule

Application

The film used a similar title but did not copy the respondent’s full expression (story/script).

Conclusion

No copyright infringement; criminal complaint quashed.

Glossary

Term	Simple Meaning
Literary Work	Original writing like a book, script, or article.
Originality	Not copied; comes from the author’s skill and effort.
Title	A short label/name of a work; not the work itself.
Section 13	Part of the Copyright Act that lists what is protected.
Quash	To set aside or cancel a legal proceeding.

FAQs

The Supreme Court allowed the appeal and quashed the criminal complaint. A title alone is not copyrightable, so no infringement was made out.

Use trademark law when the title works as a brand (especially for series). For content, rely on copyright in the full work and use contracts/NDAs when sharing.

Registration may help prove authorship or date for the full work, but it does not create copyright in a short title by itself.

Drafts, dated emails, version history, and any proof that the other party copied your expression (script/book)—not just your title.