Madras HC rejects Netflix's plea to dismiss Dhanush's copyright lawsuit over Nayanthara documentary

Dhanush had sought Rs 10 crore in damages from Nayanthara for using behind-the-scenes footage from Naanum Rowdy Dhaan, produced under his banner, in her Netflix documentary.
Actor Dhanush (L) filed a suit against actor Nayanthara (R), filmmaker Vignesh Sivan, and Netflix for copyright infringement.
Actor Dhanush (L) filed a suit against actor Nayanthara (R), filmmaker Vignesh Sivan, and Netflix for copyright infringement.FILE | ANI
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CHENNAI: The Madras High Court on Tuesday dismissed Netflix's plea to reject the copyright infringement suit filed by actor Dhanush against Nayanthara over her documentary.

Dhanush had filed a civil suit seeking Rs 10 crore in damages from Nayanthara for using behind-the-scenes footage from 'Naanum Rowdy Dhaan', produced by his Wunderbar Films Private Limited, in her Netflix documentary 'Nayanthara: Beyond the Fairytale'.

The order is considered as a setback to the ace actress who had taken a combative stand through her social media post when Dhanush sent her a legal notice seeking the damages.

Justice Abdul Quddhose delivered the order on Tuesday, rejecting Netflix's application and also dismissing another plea challenging the grant of leave to file the suit in the high court.

Los Gatos Production Services India LLP, an entity of Netflix, had filed the applications for rejecting the plaint and quashing the leave granted by the court. It had contended that the suit ought to have been filed in a Kancheepuram court as the plaintiff’s office falls under the territorial jurisdiction of that court. Further, it submitted that the cause of action arose outside the jurisdiction of the Madras HC and so, the leave granted to Wunderbar Films shall be revoked.

However, the judge did not agree with these contentions. He fixed February 5 for arguments in the application filed by Dhanush seeking injunction against using the contentious behind-the-scenes footage.

Senior counsel PS Raman appeared for Dhanush.

The actor had sued Nayanthara, her husband and filmmaker Vignesh Sivan and Netflix through his production firm Wunderbar Films Private Limited.

Wunderbar Films has contended that the actress entered into an artist agreement in 2014 for shooting the movie and agreed that the applicant firm is vested with all rights of every kind and character in perpetuity with regard to her performance appearance, likeness, name and/or voice in connection with the film.

As per the agreement, the company owns the copyright over all the artists performance in connection with the cinematograph film meaning that if any picture or video of the artist is captured as long as she is in her character on the set of the film, the copyright over the same vests with the company and if any person want to use such footage, he shall obtain consent or license prior to using the same, it said.

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