Introduction
In a significant development, the Madras High Court dismissed applications1 filed by Netflix seeking to revoke copyright infringement suit filed by the actor Dhanush which was allowed by the Hon'ble Court against Nayanthara, Vignesh Sivan, and others. The case revolves around allegations of unauthorized use of Behind-the-Scenes footage from the 2015 movie 'Naanum Rowdy Dhaan' in the Netflix documentary Nayanthara: Beyond the Fairytale. The Court deliberated on provisions of the Copyright Act, Clause 12 of Letters Patent Act, as well as the Section 12A of the Commercial Courts Act. Additionally, it was highlighted that the Wunderbar Films Private Limited (founded by Dhanush) had not acted against the uploading of a similar picture on social media earlier in 2020. Their counsel contended that the cause of action arose only in the case of copyright infringement and this case was with respect to unauthorized use of the footage, they also added that an email was sent to Nayanthara and team as soon as the trailer was released, requesting them to desist from using the footage. However, the suit was filed only after the documentary's release, as it was then that the extent of the infringement became apparent.
Conversely, the counsel on behalf of Nayanthara and Vignesh argued the Doctrine of Election, stating that filing the suit under Section 62 of the Copyright Act barred the plaintiff from exercising rights under Clause 12 of the Letters Patent, which governs the High Court's Ordinary Original Civil Jurisdiction. The Wunderbar Films also asserted that the work was created under a "works-made-for-hire" agreement executed in 2014 in Chennai, with alleged infringements linked to breach of the Artist Agreement.
Conclusion
Lastly, the considerations may include the works-for-hire doctrine, de minimis use, and whether the footage qualifies as a transformative use. The Court further clarified that observations made in this order are solely for adjudicating the current applications and will not influence the determination of the pending interlocutory application and the main suit. This case primarily underlines the complexities of copyright claims, especially when intertwined with evolving digital platforms and agreements. The outcome from the trial will determine how the Behind the Scenes content is treated under the copyright law.
The upcoming hearing scheduled on February 5, 2025 will decide how the case unfolds next.
Footnote
1 A. Nos.6748 and 6750 of 2024
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