'Karmayodha' Film Plagiarism: Kerala Court Orders Major Ravi & Makers To Pay ₹30L To Scriptwriter Regi Mathew

The Commercial Court, Kottayam recently passed a judgment against Major Ravi and Mohammed Haneef, who are the director and producer of the 2012 Mohanlal-starrer movie 'Karmayodha', to pay a compensation of Rs. 30 lakhs to scriptwriter Regi Mathew.

Sri. Manish D. A., Principal Sub-Judge, decided the suit preferred by Regi Mathew seeking permanent prohibitory injunction, declaration, damages and for consequential reliefs against Major Ravi, Haneef and the two other writers of the movie.

Factual background

In his plaint, Regi had stated that Major Ravi approached him in 2010 asking to do a project with him. It is stated that Regi had written a screenplay titled 'Vishudha Ravanan', different from the usual military stories that Ravi usually does. Ravi then informed that he was postponing the project but kept the original copy of the screenplay and dialogue with him.

Subsequently, Ravi asked Regi to write a story based on woman trafficking and engaged in discussions with him. It is stated that Regi started the work in September 2011 and he completed the one line story around the 3rd week of the same month. After paying a token amount of Rs. 10,000, Ravi asked him to complete the screenplay with dialogues.

After completing the story and screenplay, the handwritten copies were handed over to Ravi, who expressed satisfaction with the work. Regi suggested three names for movie, "Raksha", "For sale" and "Karmayodha", all of which were accepted but it was said the name would be finalised later.

While the work was in progress Ravi suggested certain modifications and noted them in his handwriting and sent the same along with the screenplay handwritten by Regi. Regi had two suggestions for the climax and the entire screenplay with dialogues were completed by the end of January 2012. Regi sought for a remuneration of Rs. 30 lakhs plus right for sale in other languages. Ravi almost agreed to the proposal and told Regi that he would discuss with the producer.

Ravi also said that he would need to show the script, screenplay and dialogue to the producer and Regi, trusting Ravi, handed them over. Thereafter, there was no communication from Ravi for a while and in September 2012, Regi came across reports that Ravi was producing a movie in which the screenplay and dialogue were written by Ravi himself. In one of the reports, detailed story of the movie was published, which was an adaptation of the screenplay written by Regi.

Regi tried to communicate with Ravi but in vain, forcing him to send a legal notice to Ravi and Haneef. Though a joint reply was sent, they continued with the making of the movie. Later, they tried for an amicable settlement but then continued with the movie, making minor changes to the one written by Regi and selecting the name "Karmayodha". No credits were given to Regi.

Regi thus claimed infringement of his authorship right and copyright, and said that the filmmaker's action affected his honour and reputation.

"Even if the producer is the owner of the copyright of the cinematograph film, the plaintiff who is the author of the story, script, screenplay and dialogue has separate copyright with respect to the work. Therefore exhibition or attempt to exhibit the movie “Karmayodha” by the defendants showing the name of the 1st defendant or anybody else as the writer of the story, script, screenplay and dialogue is clear infringement of the authorship right of the plaintiff."

The court had in 2012 itself passed an order restraining Ravi and Haneef from exhibiting the name of the writer of the script, screenplay and dialogue in the title scene. They were allowed to exhibit the said name subject to the result of the suit and were directed to furnish security of ₹5 lakhs.

However, the movie was released on 21.12.2012 in violation of the order and it was exhibited without notifying that the suit is pending. They continued to exhibit the name of the writer of script, screenplay and dialogue without the notification from 25.12.2012 onwards.

Thereafter, the filmmakers sold the copyright, remake and satellite rights of the movie, thereby earning a total of Rs. 6 crores.

Resultantly, Regi filed the suit seeking an injunction restraining Ravi and the other defendants from exhibiting, re-making or converting into any other language by dubbing the movie in any theatres in India, Film Festival, before award committees or convert it into Compact Disc or any other form to exhibit as video film, in television/satellite channels or in any other media except with Regi's name as writer of story, script, screenplay and dialogue.

Among other reliefs, Regi also sought a compensation of Rs. 40 lakhs and a declaration that he was the absolute owner of the authorship right and copyright of the story, script, screenplay and dialogue.

Ravi appeared before Court and opposed the suit stating that as per the Copyright Act, the producer/direct is the first owner of the copyright of cinematograph film. He denied everything stated by Regi, including approaching him for writing story and keeping custody of the script and story written by Regi.

Further, Ravi claimed that Regi stole the draft screenplay of "Karmayodha" from the site during shooting prepared an imitation and thereby committed piracy to extract money. He stated that Santhosh Damodar prepared the one line story for the movie in August 2011 and it was purchased.

He said many persons, including Regi, approached Ravi to develop the one line story. However, Shaji S.V. and Suneesh P. Robin were selected.

Haneef, Shaji and Suneesh also entered appearance and filed written statements, sailing together with Ravi.

After a long trial, part of which was before the Additional District Court, Kottayam before being transferred to Commercial Court, Kottayam, the judgement was passed last month.

Evidence adduced

Regi produced documentary evidence before the Court including the cheque given to him by Ravi, his copies of the screenplay and dialogues, etc. He examined four witnesses, including himself and another who saw him in Ravi's flat.

The defendants examined Ravi and Sumesh as witnesses.

Findings of the Court

Considering the evidence before it, the court entered a finding that there was an infringement of copyright belonging to Regi by the defendants, including Ravi and Haneef.

The fact that Santhosh Damodharan was not examined by the defendants was one of the reasons to reach a finding in favour of Regi.

The court also felt that the filmmakers' version that Regi made a script by stealing loose sheets from the location was not probable.

It found that Regi was entitled to a declaration that he is the owner of authorship right and copyright of the story, script and screenplay of "Karmayodha".

"It is proved from the available evidence that the movie Karmayodha was created by developing the one line, script and screenplay written by PW1 [Regi]...There may be changes in the dialogues contained in the movie...The defendants have violated the authorship and copyright of the plaintiff in his literary work. It is held that the plaintiff is the owner of the authorship right and copyright of the story, script and screenplay of the movie Karmayodha. He is entitled for a declaration as such," observed the Court.

It was further found that Regi was entitled to an injunction restraining the filmmakers from exhibiting the movie without including his name was the author of story, script and screenplay:

"The available evidence and the facts and circumstances would entitle the plaintiff for a decree of prohibitory injunction restraining the defendants, their men or anybody else from producing, reproducing, publishing the story, script and screenplay of the movie Karmayodha or its translation in the form of book or article in print media or to reproduce in any form or manner so as to infringe the authorship and copyright of the plaintiff. He is also entitled for a decree of injunction restraining the defendants or their men from exhibiting, utilizing, publishing any publicity materials notifying the exhibition of the movie Karmayodha without including the name of the plaintiff as author of the story, script and screenplay."

Compensation

The court found that there was no evidence on record to determine the total profit obtained by the producers on the release of the movie. However, it held that Regi is entitled to compensation but that there was no ground or reason to grant compensation of Rs. 40 lakhs.

"The available circumstances and the evidence involved would only satisfy that a reasonable amount of compensation can be awarded," observed the Court, awarding Regi a compensation of Rs. 30 lakhs.

Decree

In the result, the suit is decreed as follows:-

(i) It is declared that the plaintiff is the absolute owner of authorship right and copyright of the story, script and screenplay of the movie “Karmayodha”.

(ii) The defendant Nos.1 and 2, their men or anybody under them are restrained from further exhibiting, re-making, converting into other language by dubbing the movie Karmayodha in any of the theatres in India, film festivals, before award committees, convert it into Compact Discs or any other forms of video film to exhibit in visual media otherwise than with the name of the plaintiff as writer of story, script and screenplay.

(iii) The defendant Nos.1 to 4, their men or anybody are restrained by way of a decree of permanent prohibitory injunction from producing, reproducing, publishing the story, script, screenplay and dialogue of the movie Karmayodha or its translation in the form of book or article in print media or to reproduce the same in any form or manner.

(iv) The defendant Nos.1 to 4, their men or anybody under them are restrained by a decree of permanent prohibitory injunction from exhibiting, utilising or publishing any publicity materials notifying the exhibition of the movie Karmayodha without including the name of plaintiff as author of story, script and screenplay.

(v) The defendants Nos.1 and 2 are directed to pay ₹30,00,000/- (Rupees Thirty Lakhs only) as compensation to the plaintiff within two months from the date of decree, failing which the plaintiff is entitled to realise the same with interest at the rate of 6% per annum from the date of decree till payment, from the defendant Nos.1 and 2 and their assets.

(vi) The defendant Nos.1 and 2 are directed to pay costs of the suit to the plaintiff.

Case No: Commercial Suit No.404/2021

Case Title: Regi Mathew v. Major A.K. Raveendran and Ors.

Counsel for the plaintiff: Jojo Thomas, Sachin Sebastian

Counsel for the defendants: George V. Thomas, P. K. Babu, Premkumar M., Jayakrishnan R.

Click to Read/Download Judgment