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D.Gowthami Reddy, Partner, M/s.Pentallect Partners

COPYRIGHT VS DEFAMATION

             The recent tussle between the well-known actors Actor Dhanush and  Actor Nayanthara over the use of few seconds of  behind the scenes footage from the movie sets of the movie ‘Nanum Rowdy Thaan’ in her recent Netflix release NAYANTHARA - beyond the fairy tale, is all over the internet. While there are people voicing out in favor of both the actors, this article is only trying to explore the legal aspects involved in this issue. Firstly, Dhanush being the producer of the above mentioned cinematograph film is the rightful and 1 st owner of the copyrighted work in the absence of any agreement to the contrary. As per the Section 17 of the copyright Act, 1957. Further, Section 14 of the Act is exhaustive of the ways in which an owner of a copyright can exploit his work. Actor Nayanthara in her public letter addressed to Actor Dhanush was very derogatory in nature and was in many places a personal attack on his character and defamatory in nature. Nevertheless, in the given case
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D.Gowthami Reddy, Partner, M/s.Pentallect Partners

How important is it to exploit one's intellectual property?


Many seem to know, what is Intellectual Property? Different intellectual property rights and what all can be protected through those rights. However, very few seem to know what to do with it. Are we to keep it in the cupboard and forget about it? On the other hand, should we boast about possessing an IP?

Most commonly, IP right holders say to themselves, "Thank God I have registered my IP, no one can copy now. If anyone copies I will drag them to court".

Well, it is important to protect IP from infringers and safeguard your IP. Nevertheless, that is not its only purpose. I would say if IP’s are not exploited it is equal to an abandoned house.

A house for example, can be sold, mortgaged or could be given for lease and income can be earned. Similarly, IP can also be licensed, pledged or assigned and income can be earned.

No owner of a house would wish to keep it locked if he knows that it will fetch decent income. Therefore, all IP holders should recognize that IP is capable of generating revenue and should exploit to the maximum. In others, words should be treated as a valuable asset.

 

 




 

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