SMT. MANNU BHANDARI Vs. KALA VIKAS PICTURES PVT. LTD. AND ANOTHER

JUDGEMENT

(1.) How far law protects creative aesthetic expression of an artist ? Is the intellectual property of an artist governed by the same norms as commercial property ? Where does the freedom (of expression) of the author end, where does the Director begin ? What is the scope and width of Sec. 57 of the Copyright Act, 1957 ? These are the questions raised in Mannu Bhandaris suit against M/s. Kala Vikas Pictures (Pvt.) Ltd. and its producer and director. Kala Vikas has produced motion picture 'Samay Ki Dhara' under assignment of filming rights of her novel 'Aap Ka Bunty'. Her complaint is of the mutilation and distortion of the novel. She pleads for permanent injunction against its screening and exhibition. Although many authors complain of such distortions, few have sought judicial protection. Hence there is no precedent of any law court to guide the film industry.

(2.) The trial court has refused an ad-interim restraint order. The appeal is against this order.

(3.) At the time of the hearing it was realised that apart from the verbal allegations made by the Plaintiff and the defendants, there was considerable common ground, which if properly explored, would bring the parties to an amicable settlement. But, the Plaintiff insisted that as a committed author she would like the Court to authoritatively resolve the question of the rights of the authors as the problem is repeatedly faced by the authors and there is no judicial decision. The defendants' grievance, on the other hand, was that they had made a huge investment and have entered into contracts with the distributors. According to the defendants, the plaintiff has filed the suit with the ulterior motive of extracting more money than that paid under the contract. Due to this extreme position taken by the parties, there was no worthwhile attempt on their part to settle the matter amicably.