Mysore, January O2, 2005
TIMES NEWS NETWORK
The mysore-based nri film production associates, copyright owner of
extra terrestrial mission (etm), has appealed before the mysore district
court to hear on a day-to-day trial basis the alleged copyright violation
case of independence day, produced and exhibited by twentieth century
fox. the court has also been requested to conclude the suit on a permanent
injunction within the next three months. however, the case has been
adjourned for january 2, 2002. nri associates had filed the case of
copyright infringement in the district court in november 1998. the latter,
however, rejected the application for a temporary injunction. the associates
later appealed to the karnataka high court, which turned down the district
court's observations and conclusions on the temporary injunction and
ordered that permanent injunction be speedily concluded at the trial
court within six months, as per the july 1999 order.
Why had the production firm moved the mysore court when the issue has
international ramifications? as per the copyright act, the affected
party has the right to move the court anywhere in the world, considering
the problems the party might have to put forth in attending to such
cases, a senior lawyer argued. the petition, moved by senior advocate
nagaraj on behalf of the associate, maintained that twentieth century
fox had produced and released independence day in 1996. it had originally
been written and created by veda nayak, a us resident and native of
mysore. however, the screenplay was credited to dean devlin and roland
emmerich. in 1985-86, the original screenplay was copyrighted in the
us, in accordance with the copyright law. veda nayak, working for nri
production associates, was interested in converting his screenplay to
a motion picture and had discussed the story with a number of producers,
entertainment agents and lawyers in the us, the petition said. however,
the film producers allegedly copied the original screenplay etm in pith
and substance with colourable variations to conceal the plagiarism.
by producing the film, fox not only violated veda nayak's intellectual
property rights in his original screenplay etm, but also scuttled his
effort to make etm as a motion picture