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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

HOW GOBLET BECAME BIG?

 

HOW GOBLET BECAME BIG?

Rohan unlocked his apartment exactly at 6.00 pm in the evening. He was extremely tired and his entire body ached as if he was just out of a vigorous Gym session. It was a very busy and hectic day for him. His two bedroom apartment in Thirupathi[*] was situated in a quiet and decent residential area. It was dark when he entered his apartment; there was pin drop silence everywhere. His wife Ramya had gone out of station for a conference. Rohan switched on the lights; after freshening himself up, he laid down on his favorite big, broad black couch in his living room and switched on the TV. He was franticly surfing channels for interesting shows. That's when he came across the show “SUCCESS UNLIMITED”, hosted by Genelia, a popular TV artist and anchor.

                                                              

The young and lively Genelia started off…

Hello viewers, Welcome to “SUCCESS UNLIMITED”.

The show that reveals the great achievers to the world.

Our today's guest is Ms. Lakshana.

Genelia: Welcome Ms. Lakshana, it's a pleasure to have you in our show.


Ms.Lakshana: Thanks, the pleasure is mine.

Genelia: Are you ready to reveal your success to the world.

Ms.Lakshana: yes



[*]A holy town in Southern India.

Rohan always wondered what the show was about, but he never had the patience to watch it.  The anchor's Genelia's words “Are you ready to reveal your success?” lured him. He thought, ‘Let’s see what she is saying.’

 

Rohan is an ambitious man who always met with lot of failures. His ambition was to be a restaurateur[*]. He was from a rich and influential family from the suburbs of Chennai[*]. As a child, he was very intelligent and talented in everything other than studies. In other words he did not like studying, but was outstanding in other extra-curricular activities.

 

Rohan completed his primary education in his own town. The school head master was his relative, so his dad would request the head master to pass him. In this manner he managed to reach 5th standard and successfully completed primary school. Then came the time for him to leave his town to go to the city for further education. The city school’s standard of education was very high and hard for him that he failed miserably; his father brought him back to his own town and put him in a nearby school.

 

Every yearend used to be intolerably traumatic for him until the results arrived. This went on for years until the time arrived for him to face the board exams. He failed in the board exams to everybody’s expectations and had to take his exams again.

 

After his 10th standard he enrolled himself for a course in the Polytechnic College[*]. To everybody’s surprise, he fared well and managed to complete it successfully. His dad was too happy and he made all inquiries for a seat in an engineering college.

 

However, Rohan had a different plan altogether. He refused to go to the college and was persistent in starting a restaurant. There was a lot of hue and cry over his decision from his parents, relatives and friends. Amidst the confusion, Rohan managed to fall in love with his cousin’s cousin Ramya. When he proposed to Ramya, she refused. Rohan was utterly devastated; he cried vehemently and desperately wanted her. He fell into depression; never spoke to anybody; locked himself in his room and used to cry for hours together thinking about his ladylove.

 

Somehow his cousins, Abhinay, Roopa, and Malini came to know about this issue. They felt sorry for him; consoled him and promised him that they will speak to Ramya and try to convince her. As promised the three cousins of Rohan spoke to her. Finally, they succeeded on one condition. She said she will marry him if he is ready to quit his idea of business and join the engineering college. Rohan who was blindly in love accepted her wish and joined the engineering college the very next week. Rohan happily passed one and a half years in the engineering college. Meanwhile, Rohan and Ramya who were intensely in love, were inseparable for eternity. After one and half years, Rohan's aim of starting a restaurant started nagging him and troubling him like his ex-girlfriend whom he had cheated upon.

In a few days he gave into his temptation. He quit the engineering college and refused to continue further studies despite oppositions and refusals from his family members and his beloved Ramya. After great difficulty he convinced his dad and got a sum of Rs.6,00,000/- to start a restaurant.
With this amount he started a small fast food joint under the name and style “FoodJoint”. Due to his ignorance, he never thought of a trademark for his restaurant like many of them. Moreover, he was very lazy and careless. He never took any measures to earn profits. He just ran it like a canteen in a school or college. Finally, he incurred heavy losses, shut down his business and came back home. Even after that he neither realised his mistakes nor his responsibilities. He just blamed the fate for his failure. The only good thing that was happening in his life was that his girlfriend was with him despite Rohan’s failure to keep up his promise of completing his engineering course. She continued to give him moral support which he desperately needed.  Somewhere, in the unknown depths of her heart, she just had a hope. By this time the news had reached both the families and all the relatives. Since there can be no marriage without a job or livelihood both the families persuaded him to get a job. Rohan joined a company with his diploma education and worked there until two months after his marriage. After that, once again, his dreams started pestering him persistently and therefore against all odds, scorns and humiliation from his family members and in-laws, once again he started a small food corner under the name “Srinivasa Tiffin Shop”. The food corner was selling Tea, Coffee, Snacks, Idly, Dosas and South Indian Rice varieties[*] under very unhygienic conditions near a bus stop with an added bonus of fragrance from the public urinals in the bus stop.

 

Eventually this time also, despite being bred in a city and wearing all branded clothing and accessories, Rohan neither thought of the importance of branding nor a trademark for his business. It was surprising that despite opening a restaurant, being his passion, he always seemed to think small and his thoughts were very restrictive and showed less scope for improvement and development of his business.

 

Therefore, the second venture also met with utter failure and thereafter he lost all zeal for any kind of enterprise and joined a call center for a meager salary. His family refused to give him any further financial support and stopped encouraging him in further ventures. He was in a pitiable state and by now he even had a son. His wife was a well-educated MBA graduate working for a big company. He slowly lost his self-respect and was scared to start any other business.

 

Genelia's show stirred all the previous episodes in his life. Now, laying down on his couch, was listening to what Ms.Lakshana, the guest, was saying.

 

Ms.Lakshana:
“I was not a successful person earlier. I too met with a lot of failures in my business. I never attached any importance to Intellectual Property [IP]. It’s only after I met M/s. LegalTree LLP-IP Experts, I understood the importance of IP for business. With their advice I have built a popular brand “MAYFLOWER SALOON AND SPA” and my yearly turnover is Rs.1,00,00,000/-.”

 

All of a sudden, on hearing those words, a ray of hope dawned on him. Rohan, though at that point of time could not exactly grasp what Ms. was talking about. However, he wanted to give it a try. He desperately wanted to improve his present situation and live with more self-respect and dignity. The next morning Rohan scheduled an appointment with  M/s. LegalTree LLP-IP Experts.


To be continued...................



[*] A person who owns and manages restaurant professionally.

 

[*] A metropolitan city in India.

 

[*]A technical college offering diploma in multiple engineering streams.

[*]South Indian staple food items.