A Costume, pose and a catch phrase “BLOODY HELL” startled the Bollywood just a week before the release of a blockbuster “Rangoon” starring Kangana Ranaut, Shahid Kapoor and Saif Ali Khan.
Copyright infringement is that thin invisible line which when crossed makes the bait, snap at you. Be it a pre-planned conspiracy or mere negligence, both are equally punishable in the eyes of law in case you replicate the work of another creator. The right to publish, perform, produce, reproduce, make adaptations are exclusive to the proud owner of copyrights.
Roy Wadia files a commercial lawsuit, putting allegations on Vishal Bhardwaj for crossing that thin invisible line. Kangana’s character in the movie is alleged to have infringed Fearless Nadia Wadia’s style, costume, and her jingle.
Roy Wadia from Wadia Movietone Private Limited has an option of to avail Civil Remedies for such infringements under Section 55 of the Copyright Act of 1957.
It is an order to prevent Vishal from releasing the movie, even before the final judgement is made.It is an order made at an interim stage during the trial if:
• It is a prima facie case.
• There is a balance of convenience.
• There is an irreparable injury.
Roy Wadia can seek monetary remedy equal to,
• The profits made by Vishal Bhardwaj through the unlawful usage of the copyright.
• The compensatory damages suffered due to such infringement.
• Conversion damages, if any.
Such remedies are usually sought in case of goods and services, where
• An injunction is given to avoid destroying or infringing goods.
• An order to search Vishal’s Set or workplace.
If the court believes that Vishal is trying to delay or obstruct the execution of the decree being passed against him, then the court can order him to place whole or any part of his property under the court’s disposal as may be sufficient to satisfy the decree
The court may pass it if any information needs to be discovered, from a third party.
Rangoon director, Vishal Bhardwaj filed a reply in court in his defense. He claimed that,
• Rangoon is a Love triangle between an actress, an Indian fighter, and a film producer.
• It is based on World War-II and the Indian Freedom Movement.
• The script of the movie started back in 2005, it underwent iterations and was completely overhauled over the past few years.
• The script on which the film is based is registered with the Film Writers Association in 2016.
• The character of Kangana is a composite of several leading ladies of that era and not on the film actress Nadia.
The defense of fair dealing is the main catch point of copyright law. The fair dealing defense allowed certain usage of literary works which, would have otherwise been an infringement of copyrights. The fair dealing defense states that copyrights shall not restrain the creativity that law is meant to foster.
Are you all geared up to watch the blockbuster this Friday...
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February 23, 2017
February 23, 2017
Stories by Nimisha Gupta