Delhi HC Rejects Plea Against Publishing Novelisation Of Screenplay Of Ray’s ‘Nayak’ – FilmyVoice

The Delhi Excessive Court docket on Tuesday rejected a plea moved by the producers of the 1966 Bengali movie ‘Nayak’, R.D.B and Co., searching for injunction in opposition to publishing home HarperCollins from printing the novelisation of the movies screenplay.

Directed by iconic filmmaker late Satyajit Ray, ‘Nayak’ starring Uttam Kumar and Sharmila Tagore in lead roles was Ray’s second solely authentic screenplay after Kanchenjungha (1962).

Justice C. Hari Shankar, whereas rejecting the plea, stated that the primary proprietor of copyright in ‘Nayak’ was Ray who wrote the screenplay for the film, and he had the suitable to novelise the screenplay. Nonetheless, consequent on his demise, that proper may very well be assigned to his son (Sandip Ray) and others on whom the suitable devolved.

“As the primary proprietor of the copyright within the screenplay of the movie ‘Nayak’, due to this fact, the suitable to novelise the screenplay additionally vested in Satyajit Ray. That proper may very well be assigned by him – and, consequent on his demise, by his son and others on whom the suitable devolved – on some other particular person, below Part 18(1)44 of the Copyright Act,” the courtroom stated.

“The task of the suitable to novelise the screenplay of the movie ‘Nayak’, by Sandip Ray and the SPSRA, in favour of the defendant is, due to this fact, wholly so as and in accordance with the provisions of the Act. Alternatively, the assertion, by the plaintiff, of the copyright within the screenplay of the movie ‘Nayak’ is unsupported by any provision within the Act and is, the truth is, in violation of the provisions which have been referred to hereinabove,” the courtroom stated.

R.D.B. and Co. had approached the excessive courtroom stating that Ray was commissioned by R.D. Banshal (of R.D.B. and Co.) to write down the screenplay of the movie.

The novel was printed by HarperCollins on Might 5, 2018 after it was novelised by Bhaskar Chattopadhyay.

“The plaintiff claimed that the novelisation of the screenplay by Bhaskar Chattopadhyay and the publication of the novel by the defendant, constituted infringement of their copyright throughout the which means of Part 51 of the Copyright Act,” the courtroom famous.

“Proviso (b) to Part 17, in its plain phrases, refers, insofar as cinematograph movies are involved, with the making of a cinematograph movie for helpful consideration on the occasion of any particular person,” the courtroom stated.

Justice Shankar held that Ray, because the writer of the screenplay of ‘Nayak’, was the primary proprietor of the copyright within the stated movie. “Due to this fact, the rivalry that the producer is the proprietor of the copyright of the screenplay can’t be accepted,” the courtroom dominated.

“For the aforesaid dialogue, the plaintiff has no proper in any respect, in regulation, to injunct the defendant from novelising the screenplay of the movie ‘Nayak’,” the courtroom famous.