Copyright case: Madras HC rejects Netflix's plea to quash Dhanush's suit against Nayanthara
Justice Abdul Quddhose posted the suit preferred by Dhanush against Nayanthara, her husband Vignesh Shivan, and the OTT platform, on February 5, for further hearing.
Nayanthara (L), Dhanush (R)
CHENNAI: The Madras High Court dismissed the plea filed by the popular OTT platform Netflix seeking to reject the copyright infringement plea moved by the actor Dhanush against the usage of BTS clippings from the film Naanum Rowdy Dhaan in the documentary film about the life of actor Nayanthara.
Pronouncing the judgment in the vacate of suit application preferred by Netflix, Justice Abdul Quddhose posted the suit preferred by Dhanush against Nayanthara, her husband Vignesh Shivan, and the OTT platform, on February 5, for further hearing.
Challenging the suit of Dhanush, Netflix submitted that he is the producer of the Naanum Rowdy Dhaan, but he cannot claim entitlement for the BTS (behind the scenes) portion which was used in the documentary 'Nayanthara: Beyond the Fairy Tale'.
Pointing out that the BTS portion was not part of the film, Netflix contended that Dhanush didn't have the right to sue them under the Copyright Act, of 1956.
Further arguing based on the grounds of the jurisdiction of the case, it submitted that as the business of Wunderbar Films Pvt Ltd does not fall within the jurisdiction of Madras HC, the relief cannot be sought before the court.
Dhanush countered that he had the right to move the suit under the Copyright Act as the costumes and makeup used for the actors who appeared in the BTS clippings belonged to the Wunderbar production house. On countering the jurisdiction ground, Dhanush contended that as the film production was stationed within the limits of the HC while finalising the agreement for Naanum Rowdy Dhaan, the suit is maintainable.
Dhanush also filed an original application as the owner of Wunderbar Films Pvt Ltd to refrain the defendants from using the clippings of Naanum Rowdy Dhaan.
He submitted that the makers of the documentary violated his copyrights protected under the Copyright Act, 1957, by not obtaining the no-objection certificate (NOC) from him for using the clips from 'Naanum Rowdy Dhaan' in the documentary on Nayanthara currently being streamed on Netflix.
As the documentary released worldwide on Netflix on November 18, 2024, allegedly caused huge losses, Dhanush demanded Rs 10 crore for infringement of copyright.
Also Read:
- Dhanush vs Nayanthara: Madras High Court reserves final order on BTS dispute
- Dhanush Vs Nayanthara: Madras HC posts final hearing for Jan 22