Copyright Cannot Be Granted to Ideas and Generic Terms Used Commonly In the Public Domain, Delhi High Court Invalidates Registration Of Phrase 'Coming Soon'

Introduction

Copyright law aims to provide legal protection to creators, enabling them to control the use and distribution of their original works. It applies to a wide array of works, including literary, artistic, musical, and dramatic pieces. However, one of the fundamental limitations of copyright law is that it does not extend to ideas, concepts, or commonly used phrases. This limitation is crucial to ensuring the free exchange of ideas and promoting creativity.

The Indian Copyright Act of 1957 outlines the scope of copyright protection, clearly stating that only original expressions of ideas can be copyrighted, while ideas themselves, as well as generic terms commonly used in the public domain, remain free for everyone to use. The Delhi High Court, in the recent case of HMD Mobile India vs. Rajan Aggarwal, reaffirmed this principle by ruling that the phrase "Coming Soon" could not be copyrighted.

The Scope of Copyright Law in India

The Indian Copyright Act, 1957, governs the protection of creative works in India. Copyright provides creators with the exclusive right to reproduce, distribute, and adapt their works, giving them control over how their creations are used. The Act covers various types of works, including literary, artistic, musical, and dramatic creations, as well as cinematographic films and sound recordings.

Section 13 of the Copyright Act, 1957, specifies that copyright subsists in original works of authorship. However, the Act also makes it clear that mere ideas, concepts, methods, or processes, even if novel, are not eligible for protection. This distinction between ideas and their expression is fundamental to copyright law. Only when an idea is expressed in a tangible form—such as a book, painting, or musical composition—does it become eligible for copyright protection.

This limitation is essential for maintaining a balance between protecting creators' rights and ensuring that the basic building blocks of creativity, such as ideas and commonly used phrases, remain freely available for public use. Without this balance, copyright law could be misused to monopolize basic concepts or terms, stifling innovation and free expression.

Public Domain and Its Importance

The public domain refers to works, ideas, and concepts that are not protected by copyright and are available for everyone to use. These works may have fallen into the public domain due to the expiration of their copyright, or they may have never been eligible for protection in the first place. Ideas, concepts, and generic terms, for instance, are part of the public domain and cannot be monopolized by any individual or organization.

The public domain is vital for fostering creativity and innovation. It allows creators to build upon existing ideas, remix works, and use common language without fear of legal repercussions. By excluding ideas and generic terms from copyright protection, the law ensures that the public domain remains accessible to all and continues to serve as a resource for new creations.

For example, consider the phrase "Coming Soon," commonly used in advertising to indicate that a new product or service will be available shortly. This phrase, while useful and widely recognized, is generic and does not represent a unique expression of an idea. Granting copyright protection to such a phrase would limit its use and prevent others from using it in their promotional materials, leading to an unnecessary restriction on freedom of expression.

In India, the Copyright Act of 1957 explicitly excludes ideas and generic terms from protection, reinforcing the importance of the public domain. The Act also ensures that expressions that are not original or lack creativity do not receive legal protection. This principle was highlighted in the HMD Mobile India case, where the court ruled that a commonly used phrase could not be copyrighted.

The Copyright Act of 1957: Limitation on Ideas and Expressions

The Indian Copyright Act, 1957, clearly distinguishes between the protection of expressions and the non-protection of ideas. Section 13 of the Act specifies that copyright subsists only in original literary, dramatic, musical, and artistic works, cinematograph films, and sound recordings. However, mere ideas, methods, or procedures, even if novel, are not eligible for protection.

This means that a brilliant idea, on its own, cannot be copyrighted. The law ensures that only the specific manner in which an idea is expressed in a tangible form—such as a book, movie, or painting—can be protected. This approach allows for healthy competition and innovation by preventing the monopolization of basic concepts, methods, or ideas.

For instance, if someone writes a book on a particular topic, they are granted copyright protection for the specific content they have created—their unique expression of ideas. However, the underlying theme or concept of the book cannot be protected, allowing others to write on the same subject matter without infringing on the original author’s copyright.

Generic Terms and Phrases: Why They Are Not Eligible for Copyright

One of the core principles of copyright law is that commonly used terms and phrases cannot be granted protection because they lack originality. Generic terms are those that are frequently used in public discourse and are part of everyday language. These words and phrases are essential for communication and, if copyrighted, could lead to a monopoly over language that would hinder free expression and creativity.

For example, phrases such as "Coming Soon," "The Best," or "New and Improved" are commonly used in advertising and marketing across various industries. These phrases are generic, as they do not offer any unique creative expression. As such, they cannot be subject to copyright protection because they are available for everyone to use.

If copyright protection were extended to such common phrases, it would create significant challenges for businesses and individuals who rely on these terms to communicate with their audiences. It would also lead to a situation where one party could potentially monopolize widely recognized terms, limiting their use by others.

Case Study: HMD Mobile India Private Limited vs. Rajan Aggarwal

In HMD Mobile India Pvt. Ltd. vs. Rajan Aggarwal, the Delhi High Court was tasked with determining whether the phrase "Coming Soon" could be copyrighted. The petitioner, HMD Mobile India, a subsidiary of HMD Global Oy, had used the phrase "Coming Soon" in a promotional advertisement for Nokia products. The advertisement featured the phrase followed by the Nokia logo and the iconic Nokia tune.

The respondent, Mr. Rajan Aggarwal, claimed to have copyright ownership over the phrase "Coming Soon" through a registration titled "Advertisement." He filed a suit alleging that HMD Mobile India had infringed his copyright by using the phrase in their advertisement. However, the court found that the phrase "Coming Soon" was a generic term commonly used in advertising across industries and could not be copyrighted.

Court's Analysis

The Delhi High Court, in its ruling, emphasized several key points:

1. Generic Nature of the Phrase: The court recognized that the phrase "Coming Soon" is frequently used in marketing to build anticipation for upcoming products and services. As such, it is a generic term that is part of the public domain and lacks the originality required for copyright protection under the Copyright Act, 1957.
2. Lack of Originality: Section 13 of the Copyright Act mandates that only original works are eligible for copyright protection. The court determined that the phrase "Coming Soon" did not meet the threshold for originality, as it was a commonly used phrase with no creative element.
3. The Discrepancy Report: During the copyright registration process, a Discrepancy Report had been issued by the Copyright Office, questioning how an "idea" could be copyrighted. The court noted that this report should have prevented the registration from being granted. Despite the report, the copyright was erroneously granted, leading to the subsequent legal challenge.
4. Public Domain: The court underscored the importance of the public domain, stating that commonly used phrases and ideas belong to the public and should remain freely accessible. Granting copyright protection to such phrases would hinder free expression and create unnecessary restrictions on language.

Based on these findings, the court invalidated the copyright registration for the phrase "Coming Soon" and ordered its removal from the Copyright Register.

Implications of the HMD Mobile India Ruling

The HMD Mobile India case has significant implications for businesses, creators, and the public. It reinforces the idea that copyright protection is not absolute and that there are clear limitations on what can be copyrighted. Generic terms and phrases that are widely used in public discourse cannot be monopolized by any individual or organization, ensuring that the public domain remains accessible to all.

1. For Businesses: The ruling serves as a cautionary reminder to businesses that not all elements of their branding or marketing can be protected under copyright law. Companies should be mindful of the fact that commonly used phrases or terms, such as "Coming Soon," are part of the public domain and cannot be exclusively owned.
2. For Creators: Creators should understand that while their original works can be protected, they cannot claim ownership over generic phrases or ideas. This understanding is crucial for navigating the complex legal landscape of intellectual property and avoiding disputes over the use of commonly used language.
3. For Legal Practitioners: The case highlights the importance of due diligence in the copyright registration process. Legal practitioners must ensure that their clients' copyright applications meet the required standards of originality and that they do not attempt to claim ownership over ideas or terms that belong to the public domain.
4. For the Public: The ruling reaffirms the importance of maintaining a robust public domain, where common ideas and phrases are freely available for use. This helps foster creativity and innovation by ensuring that creators have access to the foundational elements they need to produce new works.

Conclusion

The Delhi High Court's decision in the HMD Mobile India case serves as an important reminder of the limitations of copyright law in India. While copyright law provides valuable protection to creators, it also establishes clear boundaries to ensure that ideas, concepts, and generic terms remain part of the public domain. This balance is essential for fostering creativity, encouraging innovation, and ensuring that the tools of communication remain freely accessible.

By invalidating the copyright registration of the phrase "Coming Soon," the court upheld the principle that copyright protection is reserved for original and creative expressions, not for common phrases or ideas. This ruling reinforces the need for businesses, creators, and legal practitioners to be mindful of the limitations of copyright law and to respect the public domain.

Ultimately, copyright law seeks to promote the creation of original works while ensuring that the building blocks of creativity—ideas, concepts, and common phrases—remain available to all. The HMD Mobile India case underscores the importance of this balance and serves as a guiding precedent for future copyright disputes involving generic terms and public domain content.