Kerala court awards Rs 30 lakh to writer in ''Karmayodha'' copyright case

Kottayam (Kerala), Dec 17 (PTI) A court in Kerala has ruled that screenwriter Reji Mathew is the rightful author and copyright holder of the story, script, and screenplay of the 2012 Mohanlal-starrer Malayalam film 'Karmayodha', and ordered the film's director and producer to pay him Rs 30 lakh in damages for copyright infringement.

The judgment, delivered recently by the Commercial Court at Kottayam, held that Mathew suffered loss and injury after his work was used without proper credit or authorisation.

The court also issued permanent injunctions restraining the defendants from exhibiting, remaking, dubbing, or publicising the film without acknowledging Mathew as the writer of the story, script, and screenplay.

Mathew had approached the court in 2012, alleging that director Major Ravi and producer Haneef Muhammad had used his literary work for Karmayodha without providing due credit or remuneration.

Two other writers, Shaji S V and Sumesh V Robin, were later impleaded as additional defendants.

According to the complaint, Mathew was approached by the director in 2010 to develop a screenplay. After initial discussions, he wrote a screenplay titled 'Vishudha Ravanan', which was retained by the director.

He was later asked to develop a new story based on human trafficking.

The court noted that Mathew completed the one-line story, screenplay, and dialogue in 2011 and handed over the work to the director after discussions on remuneration.

He had demanded Rs 30 lakh while retaining his right to sell the work in other languages. However, no agreement was finalised.

In September 2012, Mathew came across media reports stating that 'Karmayodha' was being produced with the director himself credited as the story writer, and other publications named different writers for the screenplay and dialogue.

The film was released in December 2012, despite an interim court order restraining the defendants from displaying the names of writers, subject to the outcome of the suit.

The court observed that the defendants had commercially exploited the film by selling satellite rights, dubbing rights, and home video rights. Although there was no clear evidence of total profits earned, the court accepted that Mathew suffered both financial loss and mental distress due to the denial of authorship.

While rejecting his claim for Rs 40 lakh in damages, the court held that reasonable compensation of Rs 30 lakh was justified.

It directed the director and producer to pay the amount within two months, failing which interest at six per cent per annum would apply.

The court further declared Mathew the absolute owner of the authorship right and copyright of the story, script, and screenplay of 'Karmayodha', and restrained all defendants from reproducing or publishing the work in any form without his name.

The defendants were also ordered to bear the costs of the suit. PTI COR TGB SSK TGB SSK SA