VERDICT
RESERVED ON PLAGIARISM IN 'NISHABD'
(23 February 2007). Indo-Asian News Service.
The
Delhi High Court on Friday reserved its verdict on a petition
accusing ace Bollywood director Ram Gopal Varma of plagiarism
in making his latest film Nishabd, starring megastar Amitabh Bachchan.
Justice A.K. Sikri reserved the judgement on a petition by Kanungo
Media Pvt Ltd after hearing the arguments on the allegations of
plagiarism from both sides. The bench said it would pronounce
the verdict on March 2 when Nishabd is to be released.
Justice
Sikri, while reserving the verdict dismissed Kanungo's counsel
Kartik Jai Shankar's plea for a ban on the release of the film.
Counsel Rajiv Nayar, appearing for Varma, argued that the petition
of Jahar Kanungo should be dismissed as there was no violation
of the Copyright Act or Trademark Act as both the films are different
and having different storylines.
The
"Nisshabda" produced by Kanungo was in Bengali and it
was an art film in documentary form, submitted Nayar. Moreover,
Kanungo despite knowing about the title of Varma's film approached
the court just before the scheduled release of the film, he pointed
out.
Citing
evidence, he said on May 8, 2006 Kanungo had written an e-mail
to Western Indian Film Producers Association about the title of
the film. Accordingly, he should have earlier approached Varma
or the court on the matter, said Nayar.
Kanoungo's
counsel, Shankar, however, contended that Varma had knowingly
infringed on the intellectual property rights over the name and
title of Kanungo's film 'Nisshabda' which had won many international
awards.
Kanungo
said that his "Nisshabda" was produced with the financial
aid, released under the French government's "Fonds Sud Cinema"
scheme in Nov 2002.
The
Central Board of Film Certification too subsequently had cleared
the name for the film in June 2005, said the petition.
Incidentally,
the same court earlier had stayed the release of Varma's "Ram
Gopal Varma Kay Sholay" on a petition filed by Sascha Sippy,
the director of the original Sholay producer Sippy Films, for
using the names "Sholay" and "Gabbar Singh"
in his film.
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