SupremeCourt

  • Subscribe to our RSS feed.
  • Twitter
  • StumbleUpon
  • Reddit
  • Facebook
  • Digg

Friday, June 28, 2013

Om Shanti Om: Copyright Dispute

Posted on 6:03 AM by Unknown

Image from here

A suit for copyright infringement, filed by scriptwriter Ajay Monga, in relation to the blockbuster movie ‘Om Shanti Om’ was recently dismissed. For all orders in relation to Ajay Monga v Red Chilli Entertainment Ltd. see here.

The plaintiff (Ajay Monga) alleged infringement of his copyright over the script ‘The Silent Movie’. He argued that upon completion of his script he had distributed it to various producers, including the defendants. Subsequently, the defendants released the film Om Shanti Om (2007) and it was claimed that the movie was based on the plaintiff’s script. Thereafter, the plaintiff approached the Film Writers Association in vain.

In 2008, he responded to a public notice that was issued (7/4/2008) with regard to objections pertaining to telecasting of the film. In his response he stated that the said film infringed his copyright and insisted that the film should not be telecast. This response was sent to Mutli Screen Media Pvt. Ltd.

After this, on 5/8/2008 the plaintiff filed a suit for infringement under S. 13 and 14 of the Copyright Act, before the Bombay High Court. The plaintiff had prayed for an interim injunction to stop the defendants from, directly or indirectly, exploiting the film ‘Om Shanti Om’ by any mode or medium. The Single Judge of the Bombay High Court, however, refused to grant the interim injunction on the grounds of gross delay of filing the suit (4 months delay). The court observed that though, a legal notice was sent by the plaintiff on 7/4/2008, no steps were taken by him to immediately file the suit and seek ad interim reliefs. Moreover, the plaintiff gave no explanation for the delay. Thereafter in November 2008, the plaintiff sought time to file an affidavit in rejoinder.

In March 2013, the Bombay High Court framed the issues – which included questions such as – whether the suit was bad for non-joinder of Mutli Screen Media Pvt. Ltd.? Whether the plaintiff can prove that he is the owner of the script? Whether, by broadcasting the film, there has been infringement of the plaintiff’ copyright? Whether the plaintiff is precluded from filing the suit on account of an undertaking given by him to the Film Writers Association? The court also asked the parties to file their documents of evidence and other documents by April 2, 2013.

On April 18, 2013, the Bombay High Court dismissed the suit. As the judge recorded, this decision came after the plaintiff had failed to submit evidence and relevant documents despite frequent reminders.

It would have been interesting to read the judgment that would have come out of this case, had it traveled through. However, one wonders why the plaintiff could not produce evidence and documents on time given  that he had initiated this case 5 years back. Should the court have provided more time? Are script-writers just trying their luck? Or is there is something else going on? These questions will hopefully find answers in the months to come.
Email ThisBlogThis!Share to XShare to FacebookShare to Pinterest
Posted in Bollywood, Copyright, Movies | No comments
Newer Post Older Post Home

0 comments:

Post a Comment

Subscribe to: Post Comments (Atom)

Popular Posts

  • IPAB on Payyannur Ring
    [*S lightly long post] Background: The Intellectual Property Appellate Board (“ IPAB ”), in its recent order in SubhashJewellery v. Payyan...
  • Guest Post: Intermediary liability in defamation cases - Parle, Mouthshut & Visakha cases to clarify the law
    Chaitanya Ramachandran, who has blogged for us previously over here and here , has sent us this excellent guest post analyzing the extent of...
  • Delhi HC rejects the "Hot News" Doctrine: A Summary
    The applicability of the Hot News doctrine was rejected recently in a landmark ruling delivered by Justice Bhat of the Delhi HC. This post i...
  • IP Research Assistant position at IIT, Madras
    Feroz Ali Khader, MHRD IP Chair at the Indian Institute of Technology (IIT) Madras, is looking for research assistants to work on various is...
  • Satyajit Ray's sketches and copyright controversies
    A copyright row appears to have started between the Satyajit Ray Society and the Delhi Art Gallery, that is organising a countrywide exhibit...
  • Dorling Kindersley v. Sanguine Technical Publishers
    A recent Delhi High Court order passed on 21 January, 2013  with respect to copyright licensing has come to our notice. An analysis of the j...
  • Call for Papers: IIT Bombay and MHRD jointly announce the 2nd International Conference on Management of Intellectual Property and Strategy
    The readers may be interested to know that the Shailesh J. Mehta School of Management of IIT Bombay is geared up to host, in collaboration w...
  • SpicyIP Tidbit: ALCS August Distribution
    In the UK, the Authors' Licensing and Collecting Society is an organization run and owned by writers that collects money due to its mem...
  • Aaron Swartz, RIP
    See Cory Doctorow's eulogy here Some of us in India may not have heard of Aaron Swartz, a 26 year old activist who was heavily involved ...
  • Thalappakatti biryani trademark row
    The southern district of Dindigal in Tamil Nadu occupies a special place in the hearts of biryani lovers. In the late 1950s, one Nagasamy N...

Categories

  • 126 (1)
  • 3(d) (4)
  • 3(f) (1)
  • 3(i) (1)
  • 3(k) (2)
  • Academic Writing (1)
  • access (10)
  • access to food (1)
  • access to health (3)
  • AIA (1)
  • AIDS/HIV (3)
  • Antitrust (2)
  • Bajaj v LML (1)
  • Basmati Row (2)
  • Biological Diversity (5)
  • Biologics (2)
  • biopiracy (4)
  • biotech (7)
  • Bollywood (25)
  • Broadcasters Rights (5)
  • Budget (1)
  • business method patent (2)
  • Call for papers (2)
  • Cipla (2)
  • Comparative Advertising (4)
  • Competition law (8)
  • Compulsory Licensing (27)
  • condonation of delay (1)
  • Conference (4)
  • Constitution (12)
  • Contracts (1)
  • Controller's decisions (8)
  • Copyright (112)
  • Copyright Amendment Bill 2010 (23)
  • copyright board (4)
  • Copyright Exceptions (6)
  • copyright office (1)
  • Copyright Rules (2013) (5)
  • Copyright Societies (9)
  • Counterfeiting (1)
  • creativity (1)
  • Cross Retaliation (1)
  • csir (4)
  • d (1)
  • D.U. Photocopy Case (16)
  • Darjeeling Tea (3)
  • Data Exclusivity (2)
  • Database (1)
  • DCGI (2)
  • decompilation (2)
  • defamation (9)
  • Designs (3)
  • Designs Act (3)
  • Differential Pricing (2)
  • Dilution (1)
  • Disabilities (3)
  • Disability (2)
  • DMCA (2)
  • Doha Declaration (1)
  • Domain Names (2)
  • Draft Policy of the Indian Government (2)
  • DRM (1)
  • Drug Regulation (7)
  • education (12)
  • Enercon (1)
  • Enforcement (1)
  • EU (2)
  • ex parte (2)
  • exhaustion (3)
  • Exhaustion of Rights (2)
  • Fair Dealing (8)
  • Fair Use (11)
  • Federal Circuit (1)
  • Fees (3)
  • FICCI (7)
  • FRAND (2)
  • free trade agreement (3)
  • FTA (3)
  • G.I. Registry (4)
  • gene sequences (3)
  • Generic medicine (4)
  • Geographical Indication (14)
  • Gilead (1)
  • Glenmark (5)
  • Gopika (34)
  • Guest post (11)
  • guidelines (1)
  • GWU-CII (1)
  • Herceptin (1)
  • hot news (3)
  • ICANN (1)
  • incremental innovation (1)
  • independence (1)
  • india (5)
  • Indian Government (1)
  • Indian patent litigation (27)
  • Indian Pharma (35)
  • Injunction (10)
  • Innovation (7)
  • INTA (1)
  • Intermediaries (10)
  • internet (11)
  • Internet Access Providers (IAPs) (5)
  • Internet Censorship (7)
  • IP scholarship (3)
  • IP aware (4)
  • IP Course (3)
  • IP Education (1)
  • IP Policy (11)
  • IP update (4)
  • ip writing competition (1)
  • IPAB (34)
  • ipchair (1)
  • IPO (1)
  • IPRS (5)
  • IT Act (1)
  • Journal (2)
  • judicial independence (3)
  • Jurisdiction (1)
  • Kruttika (4)
  • Legal Education (3)
  • Legal Research Tools (1)
  • Legal Scholarship (2)
  • library (2)
  • Licensing (7)
  • Madhulika (20)
  • mathematical methods (1)
  • Media law (3)
  • medical method (1)
  • Merck (4)
  • mhrd ip chair (1)
  • Microsoft (3)
  • Middle Path (1)
  • Moral Rights (2)
  • Movies (18)
  • musical work (2)
  • nanotechnology (1)
  • Natco (3)
  • natco defamation suit (5)
  • natco vs bayer (4)
  • need for transparency (1)
  • Novartis (8)
  • Novartis patent case in India (11)
  • NPEs (2)
  • nujs (1)
  • NUJS Conference (2)
  • Obituary (1)
  • obviousness (7)
  • Off-Topic (2)
  • online course (4)
  • Open Access (6)
  • Open Source (2)
  • Opposition (3)
  • Parallel Imports (4)
  • Parliament (1)
  • passing off (5)
  • Patent (52)
  • Patent act (10)
  • patent agent (5)
  • patent agent exam (9)
  • patent agent exam qualifications (3)
  • patent infringement (5)
  • Patent Licensing (2)
  • Patent litigation (2)
  • Patent Office (19)
  • patent pool (3)
  • Patent Prosecution (7)
  • Patent rules (2)
  • Patent Strategies (8)
  • Patents (9)
  • pegasus (1)
  • Personality Rights (1)
  • Pfizer (1)
  • Pharma (18)
  • Piracy (5)
  • plagiarism (3)
  • Plant Variety Protection (2)
  • post grant (1)
  • Prashant (2)
  • Preventive Detention (1)
  • Price Control (6)
  • prior publication (1)
  • Privacy (3)
  • Prizes (1)
  • public health (3)
  • Public Interest (4)
  • Publicity Rights (4)
  • Publishing (3)
  • radio (2)
  • Rajiv (18)
  • Rectification Petition (2)
  • Rejection (1)
  • research (3)
  • reverse engineering (2)
  • revocation (4)
  • rip (1)
  • Roche (2)
  • Roche vs Cipla (1)
  • Royalty (2)
  • RTI (2)
  • Scholarship (4)
  • section 16 (1)
  • Section 3(d) (7)
  • section 8 (6)
  • shamnad (11)
  • Shan Kohli (4)
  • Shouvik Kumar Guha (30)
  • Smartphones/Tablets (2)
  • Social Innovation (1)
  • Software (10)
  • software enforcement (3)
  • software patent (3)
  • Special 301 Report (1)
  • Spicy Tidbits (6)
  • spicyip (1)
  • SpicyIP Accolades (1)
  • SpicyIP Announcements (9)
  • SpicyIP Case (1)
  • SpicyIP Cases (3)
  • spicyip commiseration (1)
  • SpicyIP Events (11)
  • SpicyIP Fellowship (5)
  • SpicyIP Guest Series (22)
  • SpicyIP Interview (2)
  • SpicyIP Jobs (4)
  • SpicyIP Jobs/General (2)
  • SpicyIP Review (1)
  • SpicyIP Tidbits (11)
  • SpicyIP Weekly Review (27)
  • Statutory Licensing (1)
  • STI Policy 2013 (4)
  • Sugen (3)
  • Supreme Court of India (5)
  • Swaraj (19)
  • Tarnishment (1)
  • Technology (6)
  • Technology Transfer (5)
  • TKDL (5)
  • TPP (1)
  • trade (4)
  • Trade Secret Protection (1)
  • Trademark (59)
  • Trademark dilution (1)
  • Trademark Registry (9)
  • Traditional Knowledge (7)
  • Transparency (5)
  • treaty (1)
  • trial (1)
  • tribunals (2)
  • TRIPS (11)
  • UK (3)
  • unfair competition (5)
  • UNFCCC (1)
  • Universities Research and Innovation Bill (2)
  • US (1)
  • US Patent Reform (1)
  • US Supreme Court (3)
  • viva (3)
  • WIPO (5)
  • Working a Patent (2)
  • Workshop (4)
  • writ (1)
  • WTO (1)

Blog Archive

  • ▼  2013 (364)
    • ►  September (13)
    • ►  August (41)
    • ►  July (36)
    • ▼  June (36)
      • SpicyIP Weekly Review (June 2013, Week 5)
      • SpicyIP Tidbit: Update on Om Shanti Om Copyright D...
      • Guest Post: The legality of 'reverse payments' in ...
      • Internet Censorship: Is Blocking Porn Possible?
      • Delhi High court grants ex-parte injunction order ...
      • Negotiating licenses between patent holders and ge...
      • Om Shanti Om: Copyright Dispute
      • A quick look at Venus & PPL’s challenge to copyrig...
      • Internet Censorship: Gagging Mouthshut.com
      • Part II: Pfizer's testimony leads the way as US pr...
      • Part I: Pfizer's testimony leads the way as US pre...
      • Agreement reached on Treaty for the Visually Impai...
      • Guest Post: Kerala's Endosulfan Ban - The science ...
      • Patent Office publishes all 'Statements of Working...
      • SpicyIP Weekly Review (June 4th Week)
      • Rise of the Indian Big Brother
      • SpicyIP Jobs: Lawyers Collective seeks to recruit ...
      • SpicyIP Event: IPEX - 2013, Hyderabad
      • SpicyIP Announcement: Franklin Pierce Centre for I...
      • Guest Post: U.S. Supreme Court rules on the legali...
      • The trend of blocking URL's on ISP's continues in ...
      • Guest Post: The opinion of the U.S. Supreme Court ...
      • SpicyIP Tidbit Update: Thai Compulsory Licensing i...
      • Copyright Hiccup: Madras High Court allows release...
      • SpicyIP Weekly Review(June 3rd Week)
      • Indian start-up complains about unfair Google Ad-S...
      • DIPP issues notification proposing an across the b...
      • SpicyIP Tidbit: Thai Govt. plans to issue compulso...
      • SpicyIP Events: FMC-DSIR-APTDC Workshop for Identi...
      • Movie makers threatened for trademark dilution, Ka...
      • SpicyIP Event: IPEX - 2013, Hyderabad
      • The Sunitinib Saga continues: Third time’s the charm?
      • Battleground shopping: Big Pharma versus Indian Pa...
      • Decriminalizing Defamation – Are Sections 499/500 ...
      • Artists unionize and register copyright societies ...
      • Indian publisher threatens blogger with 1 billion ...
    • ►  May (32)
    • ►  April (51)
    • ►  March (66)
    • ►  February (40)
    • ►  January (49)
  • ►  2012 (131)
    • ►  December (29)
    • ►  November (42)
    • ►  October (50)
    • ►  September (10)
Powered by Blogger.