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India – Clean Chit To Linga.

12 December, 2014

 

Legal News & Analysis – Asia Pacific  India – Intellectual Property

 

The Madurai bench of Madras High Court has dismissed the petition that had demanded stay on release of Rajnikanth starrer “Linga”. The Court observed that Article 226 of the Constitution of India will not be available to a party for settling private disputes for which the remedies are available under ordinary Law.

 
Besides these, the merits of rival claims relating to a property cannot be investigated under Article 226 of the Constitution of India, the Court elaborated. As we brought to your notice with our weekly update of December 1, film maker, K.R. Ravi Rathinam, had filed a case in the Madurai Bench over copyright issues, alleging that the upcoming Rajnikanth-starrer movie ‘Lingaa’ is actually based on his script. He contended that the script is a copy of his yet-to-be-released Tamil film titled ‘Mulai Vanam 999’.

 
The petitioner had already uploaded the entire story of his movie on YouTube on Feb 24, 2013. The respondents rejecting his contention stated that posting a video on YouTube of an unreleased film does not constitute publication and there can be no copyright over unpublished work.

 
After hearing the both the parties, the court had reserved its order on November 24, 2014. Later, on 3rd December 2014 the court dismissed the petition stating that it is not a case where the petitioner had made a demand on any statutory or public authority demanding discharge of a legal duty and article 226 of the Constitution is not the appropriate remedy for the petitioner.

 

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