Dhanush v/s Nayanthara: HC dismisses Netflix's plea against copyright claim
What's the story
The Madras High Court has dismissed Netflix India's plea to quash a copyright claim by actor Dhanush over the documentary Nayanthara: Beyond the Fairytale. The case pertains to allegations of unauthorized usage of footage from the film Naanum Rowdy Dhaan in the aforementioned documentary. The court also told Los Gatos, Netflix's Indian entity, that it would hear an interim injunction filed by Dhanush's Wunderbar Films on February 5.
Legal dispute
Netflix India's defense and Dhanush's counter-arguments
Netflix India contended that a picture of Nayanthara and her husband-director Vignesh Shivan from Naanum Rowdy Dhaan was uploaded in 2020 without any legal action from the plaintiff. They also noted that the lawsuit was filed one week after the documentary's release, showing a lack of urgency. In response, Dhanush's counsel said an email objecting to the footage use was sent when the documentary trailer released but it was ignored.
Ownership dispute
Wunderbar Films's ownership claims over content
Wunderbar Films has claimed that everything from Naanum Rowdy Dhaan, including Nayanthara's makeup, costume, and scenes, belongs to the company. This was supported by a contract signed by Nayanthara which confirmed their ownership of the footage in question. However, despite these claims, the clips were used in the documentary without the permission of Wunderbar Films.
Permission denied
Nayanthara's failed attempts to secure permission for footage use
Reportedly, Nayanthara had sought a No-Objection Certificate from Wunderbar Films to use clippings from Naanum Rowdy Dhaan in the documentary. However, despite repeated requests over two years, Wunderbar Films allegedly denied this request. This denial led to the clips being used in the documentary without permission, prompting Dhanush to send a legal notice demanding damages of ₹10cr.