The Delhi High Court has overturned a previous stay order on the Hindi-dubbed version of the Telugu film 'Bheemla Nayak,' a remake of the Malayalam original "Ayyappanum Koshiyum."
Plaintiff (JA Entertainment) has filed this lawsuit seeking a permanent injunction barring defendants (Sithara Entertainment and others) from infringing on Plaintiff's copyright in respect of the film's remake and dubbing rights in Hindi. The plaintiff requested a halt to the Hindi dubbing of the Telugu film "Bheemla Nayak," claiming ownership of the Hindi remake of the Malayalam original.
Plaintiff was granted exclusive, perpetual, and irrevocable 'Remake and Dubbing' rights under the Agreement, to be used in all modes, mediums, and forms. Plaintiff began pre-production on the Hindi remake around July 2020, in line with the rights provided under the May 13, 2020, Agreement.
Meanwhile, the defendant stated that they obtained copyrights in the plot and for remaking and dubbing the Malayalam picture into Telugu, as well as subtitling rights into all Indian and foreign languages, without geographical constraints, and to exploit the same worldwide in all forms and media.
"...in my prima facie view, Defendants are correct in their argument that the test of infringement in the present case is not the degree of similarity between the Telugu film dubbed in Hindi and the Malayalam film dubbed in Hindi, but whether dubbing the Telugu film in Hindi in order to communicate it to the public infringes on any exclusive right of the Plaintiff, which is not the case here," the single-judge bench said after hearing both parties' arguments.
