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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

BĀHUBALI – LEADING THE WAY FOR OPTIMUM INTELLECTUAL PROPERTY EXPLOITATION IN INDIA

  

“Bāhubali” - the movie that jolted the entire world cinema with its striking story line, screenplay and above all the mesmerizing character “Bāhubali” and other equally strong supporting characters are products of mind blowing creativity and intellect. The resulting intellectual property has been exploited wisely. This article aims to demonstrate the optimum utilization of intellectual property and the power of intellectual property to generate commercial results.

Hundreds of fictional characters have entertained the human race since time immemorial. Some of the well-known examples are Oliver Twist, Sherlock Homes, James Bond, Chacha Chaudary, Sakthimaan, Chota Bheem, etc. While many are in the public domain, many are still enjoying the protection accorded under the IP law regime. There are multiple Intellectual Property rights (Copyrights, Trademarks, Industrial Designs, Patents, etc.) that facilitate optimum exploitation of the given intellectual property.

A fictional character is like a real character. It has a life of its own.

Characters are used in relation to children's toys, posters, animated cartoons, Video Games, in menus of fast food restaurants, Board Games, adult and children's clothing and all other plausible forms of merchandise. Character development and exploitation of fictional characters are driven by commercial interest and profits.

It is pertinent to take note here that not all proprietors or authors of a fictional character may be aware of the diverse commercial prospects that the character is capable of; that can be achieved by optimum exploitation of the Intellectual Property (fictional character).

The Bāhubali franchise is a cluster of characters that has had a far reaching impact on the audience, shouting the apparent commercial prospects to the creator. Now let's see how these characters are being exploited.
Firstly, the characters in Bāhubali might have been in the form of a story which itself is protectable as Intellectual Property. The story was then made into a movie which once again being a Cinematograph film is protected under Copyright. Seeing the popularity of the character no time  was wasted  in further commercializing the Intellectual Property.

An  animation series was released on Amazon® Prime. Now, this is a wise decision that led to the creation of graphic characters of those fictional characters. This gives a longer life to the character and has increased the Intellectual Property potential of the fictional character and multiple episodes can be created.

The author has further released merchandise such as mobile phone covers, accessories, etc. There is an exclusive website selling this Merchandise.
A novel “THE RISE OF SIVAGAMI” based on the character Sivagami [Mother of Bāhubali] has been written by Anand Nilakantan and published by Westland (Tata Group). The novel is a prequel to the movie.

Likewise, each character in the Bāhubali franchise is an Intellectual Property in itself and is capable of leading to more Intellectual Property creations.

The recent video game is also an interesting addition to the Bāhubali Intellectual Property exploitation saga.

The whole movie consists of different creative elements apart from these fictional characters which can be a part of a different Intellectual Property discussion all together.

There may be numerous precedents of exploitation of Intellectual Property in a fictional character. Nevertheless, Bāhubali stands out as one of its kind, leading the way for optimum intellectual property exploitation in India.