Summary
Bajrangi Bhaijaan, starring Salman Khan, is currently involved in a Rs 50 crore copyright infringement suit filed by Mahim Joshi, who alleges that the film's story and locations closely mirror his own registered work. Joshi's claims are based on an exclusive contract and subsequent submissions to production houses, including Viacom 18, whose employee co-wrote the film’s screenplay. The Bombay High Court has acknowledged similarities between the works but has not granted an interim injunction on the film’s television premiere. The court has directed all parties to maintain business accounts and submit replies, with the next hearing scheduled for 28th October 2015. This case brings to focus important aspects of intellectual property rights in the Indian film industry.
Background
Salman Khan’s film Bajrangi Bhaijaan is the subject of a Rs. 50 crore copyright infringement suit filed before the Bombay High Court. The complainant, Mahim Joshi, is a writer, director, and television producer.
Facts of the Complaint
Joshi registered his story with the Indian Film and Television Producers Council and the Association of Motion Pictures and TV Programme Producers in July of 2007. He subsequently approached Suresh Oberoi and Vivek Oberoi’s production house Yashi Multi Media (YMM) for a film deal, and the parties entered into a five-year exclusive contract. During the currency of the YMM contract, Joshi assembled a team to conduct location surveys for the film. However, the contract period expired without a film being produced.
Following the lapse of the YMM contract, Joshi approached various other production houses, including Viacom 18. Parveez Shaikh, a Viacom employee, has been co-credited for the screenplay of Bajrangi Bhaijaan.
Joshi’s Allegations
Joshi contends that the story of Bajrangi Bhaijaan is a direct and blatant copy of his registered work, with similarities extending to the screenplay and to locations he had identified during the YMM contract period. He maintains that the infringement has materially affected his prospects of a successful launch in the film industry. Video footage of the locations identified during the YMM period was submitted before the court, and the court noted that those locations bear certain resemblances to locations depicted in the film.
Proceedings Before the Bombay High Court
The Bombay High Court examined a detailed comparison of scenes and shots from the two works and observed that certain similarities existed. The court declined to grant an interim injunction staying the television premiere of the film, which was scheduled for 10th October (11th October according to some sources). Justice Gautam Patel has directed all parties affiliated with the film — including producers Rockline Venkatesh, Rajessh Bhatt, and Salman Khan, writer KV Vijayendra Prasad, and director Kabir Khan — to maintain accounts of business. All respondents have been asked to submit their replies by the 21st of October, 2015. The next hearing is scheduled for 28th October, 2015.
Disclaimer
This article is for general information and does not constitute legal advice. Readers should consult a qualified attorney before acting on any matter discussed here.