Dhanush vs Nayanthara: Court Favors Dhanush in Netflix Doc Copyright Dispute

Dhanush vs Nayanthara: Court Favors Dhanush in Netflix Doc Copyright Dispute

In a significant development in the ongoing copyright dispute between Tamil film stars Dhanush and Nayanthara, the Madras High Court has rejected Netflix India’s plea to dismiss Dhanush’s lawsuit. The dispute centers around the unauthorized use of a 3-second clip from Dhanush’s film “Naanum Rowdy Dhaan” in Nayanthara’s documentary “Nayanthara: Beyond The Fairy Tale,” released on Netflix.

Introduction

The legal battle began when Dhanush, through his production company Wunderbar Films, filed a civil suit against Nayanthara, her husband and film director Vignesh Shivan, and Netflix. Dhanush alleged that the documentary used behind-the-scenes footage from “Naanum Rowdy Dhaan” without his consent, violating his copyright. Despite repeated requests for a no-objection certificate, Wunderbar Films had denied permission to use the clips, leading to the legal action.

Key Takeaways

• Court Ruling: The Madras High Court dismissed Netflix’s application to quash Dhanush’s copyright infringement suit, allowing the case to proceed.
• Unauthorized Use: The documentary included a 3-second clip from “Naanum Rowdy Dhaan” without obtaining the necessary permission from Dhanush or Wunderbar Films.
• Damages Claimed: Dhanush is seeking Rs 10 crore in damages for the unauthorized use of the footage, arguing it is a clear case of copyright infringement.
• Jurisdiction Dispute: Netflix contested the jurisdiction of the Madras High Court, but the court ruled that the case could proceed since a significant part of the cause of action arose in Chennai.
• Next Steps: The court has scheduled a hearing on February 5 to consider Dhanush’s interim application seeking a stay against the documentary.

Legal Arguments and Reactions

The dispute has sparked intense legal and public debate. Nayanthara and her husband, Vignesh Shivan, have responded strongly to Dhanush’s claims. Vignesh Shivan even sarcastically invited viewers to watch the disputed footage for free on social media, while Nayanthara criticized Dhanush for his stance on the issue.

From a legal perspective, the case hinges on whether the behind-the-scenes (BTS) footage is considered part of the cinematograph film “Naanum Rowdy Dhaan” or a separate work. According to the Copyright Act, both the BTS and the movie fall under the definition of a cinematograph film, suggesting that the BTS could indeed be owned by the production house.

Nayanthara’s legal team has argued that the BTS used in the documentary was from her personal library and not part of the film, but this argument has not been accepted by the court thus far. The court’s decision to allow the case to proceed indicates that it sees merit in Dhanush’s claims of copyright infringement.

Implications and Future Proceedings

The rejection of Netflix’s plea sets the stage for further legal proceedings. The court’s decision on February 5 regarding the interim application for a stay against the documentary will be crucial. If the stay is granted, it could temporarily halt the availability of the documentary on Netflix, pending the final outcome of the case.

This case is significant not only for the Tamil film industry but also for broader discussions on copyright law and the use of behind-the-scenes footage in documentaries. It highlights the importance of obtaining proper permissions and the consequences of unauthorized use of copyrighted material. As the case progresses, it will be closely watched by industry professionals and legal experts alike.