Mohenjodaro plagiarism case

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Mohenjo-Daro Plagiarism Case

S. Hari Vallabie

1 Mohenjo-Daro Plagiarism case



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



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What is Copyright? Copyright is the ownership of an intellectual

property within the limits prescribed by a particular nation's or international law. It is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. The exclusive rights include :-

Reproducing the work. To Prepare derivative works based on the work. Distribute copies of the work to the public by sale or other transfer of ownership, such as by rental, lease or lending.


https://en.wikipedia.org/wiki/Natural_and_legal_rights

https://en.wikipedia.org/wiki/Exclusive_right



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What is Copyright Infringement

What is Copyright Infringement? Any unauthorized use or reproduction of the

above mentioned rights by any other person other than the copyright owner or his assignee could amount to copyright infringement

What is Plagiarism? According to Merriam Webster's Law

Dictionary Plagiarism means: to steal and pass off (the ideas or words of

another) as one's own to use (another's production) without

crediting the source to commit literary theft to present as new and original an idea or

product derived from an existing source3 Mohenjo-Daro Plagiarism case



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PLAGIARISM

Plagiarism is theft of another person's writings or ideas. For example using another persons expressions in drawings and reproducing the same as their own. Plagiarism is not a legal term; however, it is often used in lawsuits. Courts recognize acts of plagiarism as violations of Copyright law, specifically as the theft of a nother person's Intellectual Property. Because copyright law allows a variety of creative works to be registered as the property of their owners, lawsuits alleging plagiarism can be based on the appropriation of any form of writing, music, and visual images.


http://legal-dictionary.thefreedictionary.com/copyright

http://legal-dictionary.thefreedictionary.com/copyright



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MOHENJODARO MOVIE Bollywood actor Hrithik Roshan starrer, movie

‘Mohenjodaro’ was not free from Plagiarism. The facts are mentioned below:

A little known Akashadithya Lama (director of movies like Cigarette ki Tarah, Ishq Kabhi Kariyo Na etc) had dragged the Director of Mohenjodaro, Ashutosh Gowarikar, to the Court saying that he had stole the formers script.

On 28th July, 2016, Lama had filed an infringement claim in the Bombay High Court and asked for an injunction preventing the release of the 150 cr budget movie.5 Mohenjo-Daro Plagiarism case



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Findings

There was a series of events that cast prior to him moving to the High Court:

• Lama filed a suit in the city Civil Court on November 30, 2015

• He filed a police complaint on 20th January, 2016• He withdrew the suit from City civil Court in 17th

March, 2016• Gowariker’s trailer was released.• Consequently Lama filed a suit in the Bombay

High court on 28th June, 20166 Mohenjo-Daro Plagiarism case



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In the Suit Proceedings Lama told that he had previously told one Mr. saluja about his idea and also gave him an handwritten document of the story. Saluja was the person who worked with Gowariker during the filming of “lagaan”. Lama alleged that Saluja was inspired by the story and took it to his boss. But Gowariker rejected the document saying that he didn’t wish to do another period movie immediately after Lagaan.

Saluja submitted an Affidavit stating the same. But his affidavit did not weigh much in the case as his statements and date was contradictory. And there was nothing solid.

SUIT PROCEEDINGS




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the case proceedings

For establishing an infringement two things had to be proved:

1. The proof of existence of the prior work need to be shown

2. The proof of disclosure to the alleged infringer needs to be shown.




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EVIDENCE

Here, Lama had 3 featured evidences to support his case:

Exhibit A: Photocopy of an handwritten document

which was alleged to have been created in 1995. It was although not published or registered anywhere.

Exhibit B: Only Certificate from the Copyright Office

of lama’s 2007 work tilted “Samrajya”. The actual work was not revealed.

Exhibit D: 2010 work tilted “Mohenjodaro”. Proof of

registration by film writers Associaiton & actual work itself had been provided.




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Lama claimed that exhibit B and D were the modification

of Exhibit A. But the judge saw no similarities except the setting.

The only concrete base Lama had was Saluja’s Affidavit. Where Saluja mentions the document as Script of the play. Which didn’t convince the Judge.

Apart from that, the Plaintiffs dealings were sort to be inappropriate and suspicious to the Judge about the Court proceedings and suppressing facts.

Gowarikar had provided sufficient proof to show his extensive hardwork and pain for the research (shown in books, hired experts etc.) and that he didn’t have readymade scripts in hand.

PROOF




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P PUNISHMENT

Lama had lost the case and was

fined Rs. 1,50,000/- for wasting the time of the Court

The reasons for his failure was were two things:

1. Inability to provide sufficient evidence to satisfy the standard for infringement.

2. His inappropriate and suspicious dealings.11 Mohenjo-Daro Plagiarism case



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400


Coimbatore – 641018.Tel: +91 - 422 - 6552921



Hyderabad - 500034. Tel: +91 - 40 - 6050 6009

[email protected]


CONCLUSION It was but a same old conclusion:Lama’s actions were deemed akin to

blackmail through Judicial appararus.

The principles of was once again well established

1. A title cannot be Copyrighted2. A concept cannot be Copyrighted.

Ideas/ Expressions divide.




Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400


Coimbatore – 641018.Tel: +91 - 422 - 6552921



Hyderabad - 500034. Tel: +91 - 40 - 6050 6009

[email protected]





Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400


Coimbatore – 641018.Tel: +91 - 422 - 6552921



Hyderabad - 500034. Tel: +91 - 40 - 6050 6009

[email protected]

WEBSITEwww.altacit.com14 Mohenjo-Daro Plagiarism case



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400


Coimbatore – 641018.Tel: +91 - 422 - 6552921



Hyderabad - 500034. Tel: +91 - 40 - 6050 6009

[email protected]


DISCLAIMER

Any copyrighted material in this presentation is used in fair use for the purpose of study, review or critical analysis only, and will be removed at the request of the copyright owner(s).
