Om Shanti Om: Copyright Dispute

A suit for copyright infringement, filed by scriptwriter Ajay Monga, in relation to the blockbuster movie ‘Om Shanti Om’ was recently dismissed. For all orders in relation to Ajay Monga v Red Chilli Entertainment Ltd. see here.

The plaintiff (Ajay Monga) alleged infringement of his copyright over the script ‘The Silent Movie’. He argued that upon completion of his script he had distributed it to various producers, including the defendants. Subsequently, the defendants released the film Om Shanti Om (2007) and it was claimed that the movie was based on the plaintiff’s script. Thereafter, the plaintiff approached the Film Writers Association in vain.

In 2008, he responded to a public notice that was issued (7/4/2008) with regard to objections pertaining to telecasting of the film. In his response he stated that the said film infringed his copyright and insisted that the film should not be telecast. This response was sent to Mutli Screen Media Pvt. Ltd.

After this, on 5/8/2008 the plaintiff filed a suit for infringement under S. 13 and 14 of the Copyright Act, before the Bombay High Court. The plaintiff had prayed for an interim injunction to stop the defendants from, directly or indirectly, exploiting the film ‘Om Shanti Om’ by any mode or medium. The Single Judge of the Bombay High Court, however, refused to grant the interim injunction on the grounds of gross delay of filing the suit (4 months delay). The court observed that though, a legal notice was sent by the plaintiff on 7/4/2008, no steps were taken by him to immediately file the suit and seek ad interim reliefs. Moreover, the plaintiff gave no explanation for the delay. Thereafter in November 2008, the plaintiff sought time to file an affidavit in rejoinder.

In March 2013, the Bombay High Court framed the issues – which included questions such as – whether the suit was bad for non-joinder of Mutli Screen Media Pvt. Ltd.? Whether the plaintiff can prove that he is the owner of the script? Whether, by broadcasting the film, there has been infringement of the plaintiff’ copyright? Whether the plaintiff is precluded from filing the suit on account of an undertaking given by him to the Film Writers Association? The court also asked the parties to file their documents of evidence and other documents by April 2, 2013.

On April 18, 2013, the Bombay High Court dismissed the suit. As the judge recorded, this decision came after the plaintiff had failed to submit evidence and relevant documents despite frequent reminders.

It would have been interesting to read the judgment that would have come out of this case, had it traveled through. However, one wonders why the plaintiff could not produce evidence and documents on time given  that he had initiated this case 5 years back. Should the court have provided more time? Are script-writers just trying their luck? Or is there is something else going on? These questions will hopefully find answers in the months to come.