Stories and characters form an integral part of the tapestry of films across the globe, especially when the cinematograph film being produced is completely adapted from a book depicting the said story. This is where the legal complexities concerning rights involved and the extent of their transfer, comes into play. Copyright laws across the world provide for the transfer/grant of adaptation rights of existing works into different formats, the likes of which include cinematograph films. The laws in relation to transfer of such rights, though fraught with intricacies, is essential to be adhered to in order for right holders of the original work as well as the adapted work to be protected. Recently, the much-awaited Malayalam fantasy film "Barroz – The Guardian of D'Gama's Treasure" ("Film") featuring the renowned south star, Mohanlal, has found itself at the centre of controversy due to the claims of copyright infringement being raised against the source material of the Film. This article explores the claims against the Film, the legal framework surrounding adaptations in cinema, and the best practices for ensuring compliance with copyright laws.
Understanding the legal framework pertaining to adaptation rights is a prerequisite for comprehending the allegations made against the Film and its creator, Jijo Anthony. For starters, when it comes to written works, adaptation rights refer to the legal right to adapt/transform such work into another medium, such as a film, television series, or stage play. The Copyright Act of 1957, which gives creators the sole right to their works —including the right to adapt those works—is the main law governing copyright in India. Filmmakers must get the required rights from the original author or right holder of a work through appropriate rights acquisition agreements, such as book rights agreements, in order to lawfully adapt it. The conditions of acquiring such rights are typically outlined in these agreements, including the precise rights that are granted, the territory in which those rights may be exploited, and other conditions concerning the exploitation of such rights by the party acquiring the said adaptation rights. Failure to secure these rights can lead to infringement claims, which could lead to expensive court cases, injunctions, and monetary damages.
In the case of "Barroz", a fantasy film inspired by the legendary character Barroz from Indian mythology, infringement claims were made against the filmmakers on grounds of utilising/basing the story of the Film on the work of author George Thundiparambil ("Author"). The Author, a Keralite based out of Germany, sought a prohibitory injunction from the Ernakulam District Court ("Court"), to restrict the release of the Film, alleging that the story of the Film was lifted from his novel 'Maya' ("Book") without his consent. Additional claims made by the Author, who had back in July 2024, also sent a cease-and-desist notice to the producer and writer of the Film, Mohanlal and Jijo, also include the alleged meeting between a friend of the Author and producers of the Film to discuss adaptation of the Book in 2016. However, the Author alleges that those discussions never went further.
While critics argue that the film's narrative and character elements bear a striking resemblance to previously published works, raising questions about the legality of its adaptation, proving the existence of such similarities in court would be a complex task. In such cases the court must balance protecting the rights of the creators while also ensuring that the freedom of creative expression permitted to filmmakers is not impacted. Therefore, expression of common ideas in such cases may not be enough to prove infringement and express replication of either specific characters, theme, or plot will need to be established for the same to be consider as the infringement of the creation. While the Court is yet to make a decision on the matter, the makers have maintained that they have not infringed any rights in process of developing and producing their Film.
The allegations have in any case spurred discussion about the wider ramifications of copyright violations in the motion picture business, especially in India, where it can be difficult to distinguish between plagiarism and inspiration. Even though the case is still unfolding, it emphasises how crucial it is to understand and navigate the legal landscape surrounding adaptations in cinema and the Court's decision in the present case is expected to set precedent for future productions that may be adapted from existing works.
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