Background of the Controversy
South Indian actors Dhanush and Nayanthara are in a legal dispute over the use of a video clip from the 2015 film Naanum Rowdy Dhaan.
Nayanthara wanted to use an excerpt from the film in a Netflix biopic about her life.
She claims to have asked Dhanush for permission two years ago but received no response.
Netflix instead used a short video clip Nayanthara recorded herself during the film’s making, which led Dhanush to file a copyright infringement lawsuit.
What is Copyright?
Copyright law protects creators’ rights over their works, such as films, books, music, etc.
A film is copyrighted as a whole, but it includes various components (e.g., script, music, cinematography) that may have separate copyright owners.
In this case, Dhanush's company, Wunderbar Films, is the producer and likely owns the film’s copyright, but other components (like BTS footage) could have different copyright holders.
The key question in this case is whether Dhanush’s copyright as the producer extends to the BTS footage or whether Nayanthara has rights to her own personal footage.
Fair Dealing in Copyright Law
Fair dealing allows limited use of copyrighted works for specific purposes without infringing on the copyright.
These purposes may include criticism, review, research, or use in biographical works.
In this case, the use of a video clip in a biopic about Nayanthara could be seen as "fair dealing" because the clip is directly related to her life and career.
Legal Considerations
Courts consider whether the use of copyrighted work is "fair" based on factors such as:
The amount of the work used.
The purpose and context of the use.
Potential Misuse of Copyright Law
Copyright law can sometimes be misused to suppress speech or actions that go against someone’s interests, as seen in this case.
The Role of the Courts
Courts should prevent the misuse of copyright to stifle legitimate uses, like biographical storytelling, and should check whether contractual restrictions on BTS footage are legally valid.
Courts need to carefully balance the copyright owner’s rights with public interest, ensuring that copyright is not used to unfairly restrict the sharing or use of creative works.
Legal threats based on copyright claims should be scrutinized to avoid unfair suppression of speech or creative expression.
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