KOCHI: The Kerala High Court on Wednesday granted permission to screen the movie 'Mamangam' starring Mammootty scheduled to release on December 12 without exhibiting the names of its scriptwriter or writer of the screenplay on the screen or on any advertisements. The court made it clear that prima facia, the author of the screenplay and script of the movie is Sajeev Pillai.
Justice Shircy V issued the order on the petition filed by Sajeev Pillai against the Ernakulam Additional district court order dismissing his petition seeking to restrain the producer from releasing, publishing, distributing the film without giving adequate authorship credits to his as per film industry standards.
Advocate Sreekumar G Chelur, counsel for the petitioner submitted that he had worked on the history of the festival "Mamangam' and made research from 1999 onwards. Thereafter, he had written a script for a film and it was his dream project. After completion of two schedules, he was terminated from serving as director of the film and another person was appointed as the new director. He argued that the shooting of the film was completed mutilating, distorting and modifying the script.
The court said that in the film industry, the work and offers of so many persons were involved in making the film, and if its release was postponed, it would definitely cause untold difficulties to all those who rendered their efforts for making the film. But, the right of Sajeev Pillai and his tears could not be ignored. The court also directed the Additional District Court to dispose of the case within six months.
The court also directed the producer of the film, Venu Kunnappally, to give an undertaking by way of an affidavit to the effect that nobody's name shall be exhibited as scriptwriter or as writer of the screenplay of the movie in anywhere on the screen or in the advertisements on December 12 or any subsequent date till the disposal of the suit pending before the Ernakulam Additional District Court.
The court observed that it is prima facie clear that the author of the screenplay and script of the movie is Sajeev Pillai and his right for his creation is safeguarded and protected by the Copyright Act. It added that section 57 of the Copyright Act envisaged special rights of the author even after assignment of the copyright if his original creation had been changed, modified or distorted affecting his reputation and good name acquired by him in the film industry. It could be ascertained and evaluated only after watching the film in full and the case had to be decided on the fact and evidence. "The author of the work is the creator or originator of his literary art and it is his idea developed as a screenplay to make the movie. He might have developed it based on history, but it is his exclusive creation," noted the court.
According to the producer, Sajeev Pillai had sold his authorship for a sale consideration of Rs. 3 lakhs and so he was not entitled to get the credit of the film regarding the story and screenplay. As the copyright had been assigned for a consideration, he was not entitled to claim authorship of his work