'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 backgroundIn 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...

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

K. Salma Jennath

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K. Salma Jennath

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

K. Salma Jennath

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K. Salma Jennath

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