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Tag: Ravi Kadam

  • No claim on concept copyright, HC denies relief to Zee in case against Sony

    MUMBAI: The Bombay High Court has not granted relief to Zee Entertainment Enterprises, and dismissed the notice of motion in a commercial suit filed against Sony Pictures, alleging copyright infringement.

    Advocate Ravi Kadam represented Zee, whereas advocate VV Tulzapurkar represented defendant Sony and advocate Janak Dwarkadas appeared for defendant Frames Production.

    Zee had claimed that Sony Pictures Networks India had illegally copied its popular show India’s Best Dramebaaz, a talent hunt programme for child actors. Zee said Sony had infringed its copyright in its ““production bible” and concept note”. The said bible is a document that explains most aspects of production.

    After hearing both parties, Justice GS Patel read out the order. Justice Patel stated, “What Zee needs to be able to show is that there is something in its production bible, concept note or in its show that is utterly and identifiably original and that this has been copied by Sony. Zee must specify what precisely it claims to monopolize.”

    Zee had claimed that Frames had told Zee that it will not be pursuing this idea further. However, when in January 2017, Zee wanted to launch Season 3 of ‘Dramebaaz,’ Frames said they had “sold” the concept to Sony.

    Zee then complained to SPNI. Sony submitted before the court that it is, in fact, developing ‘Sabse Bada Kalakar’, a kids talent hunt programme for which it had its own production bible and concept note.

    Justice Patel finally said: “In my view, the manner in which the selections are made and the trajectories of the two shows are quite distinct. The fact that both feature children, the fact that both seek out children with acting talent, the fact that both seek out children with acting talent, the fact that they seek out children with acting talent from different cities, and the fact that they seek out the best of these is hardly something in which anyone can claim any copyright.”

  • SRK’s Ra.one in copyright row

    SRK’s Ra.one in copyright row

    MUMBAI: Bollywood actor Shah Rukh Khan‘s upcoming superhero film Ra.one has landed in the court. The Bombay High Court has observed that prima facie there had been a copyright violation, while reserving the final verdict for later date.

    The division bench of Chief Justice Mohit Shah and Justice Roshan Dalvi directed the defendants (Sharukh Khan, his production house Red Chillies Entertainment and Eros Entertainment) to deposit Rs 10 million with the court before releasing the movie.

    “The defendants are directed to deposit a sum of Rs 10 million as pay-order to the court and then release the movie,” PTI reported, quoting the bench.

    The court was hearing the petition filed by Beyond Dreams CEO Yash Patnaik, who said that he is the original copyright owner of the concept and the content of RA.One‘, produced by SRK‘s Red Chillies Entertainment.

    The court ordered that if the defendants failed to deposit the money, an injunction against the movie‘s release would become operational.

    “It is the most unfortunate part of the film industry that people use others‘ concepts and then don‘t want to pay or give them credit,” the bench remarked.

    The court has kept the final decision on the issue of copyright violation pending, and would hear arguments in due course of time.

    The movie is to release on 26 October and stars Khan, Kareena Kapoor and Arjun Rampal.

    Patnaik had sought a stay to the film‘s release until he was given credit for the concept or 10 per cent of the profits, in case he was not given the credit.

    Patnaik‘s lawyer, senior advocate Ravi Kadam, said that the superhero character resembled the one in Patnaik‘s concept of 2006, in ‘attributes and appearance‘.

    “The super-villain of Patnaik‘s script was called ‘One‘, which has been used by SRK in the movie‘s title,” Kadam said.

    Meanwhile, SRK‘s lawyer, senior advocate Virendra Tulzapurkar, said that his client‘s script was completely different. Also, “Patnaik cannot claim copyright as he had developed his concept with a team of experts he had engaged,” Tulzapurkar argued.

    Meanwhile, Eros Entertainment‘s lawyer, senior advocate Janak Dwarkadas, argued that the company has acquired world distribution rights at Rs 1.50 billion and has already started transporting prints to theatres, so no stay should be granted at the last moment.