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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

'INDIAN THATHA'- A MONITISABLE IP

 



The movie ‘INDIAN’ directed by Director Shankar; released in the year 1996 was a mammoth block buster. Actor Kamal Hassan in the role of the daring & dashing old man or what the fans fondly call as ‘INDIAN THATHA’ out did himself (naturally). The celebrated character ‘INDIAN THATHA’ with the very intriguing costume had also become quite famous. Nevertheless, the potential of the character as a monitisable intellectual property is quite under played by the makers. However, the characters potential has been clearly displayed in the sequel ‘INDIAN 2’ in its grand and pompous song THATHA VARARU. That being said, I wonder whether the authors are contemplating to exploit the character sooner or later. If the character is copyrighted, the protection given under Indian copyright law for an artistic work is author's lifetime plus 60 years after their death. Which means the character/artistic work is awarded protection for nearly 120 years. 

In my opinion, I can clearly see a native super hero in ‘INDIAN THATHA’ and other prominent characters from that banner with an immense potential to  entertain and mesmerise  young, old and little fans through their adventures of saving people in distress. Finally yet importantly, merchandise is always an big avenue for exploiting certain types of intellectual properties; in the given case it is the ‘INDIAN THATHA’. 

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