Script Plagiarism-Agyaat

The upcoming Hindi film by Ram Gopal Varma, "Agyaat" has been surrounded with controversy of plagiarism pertaining to its script as reported in Times of India reported here

It has been alleged by film writer, Sajid Warrier that his script has been plariarised by Varma for the above film. Sajjid went to Film Writer's Association with his allegation, which after scrutiny of the script has held in favour of Sajjid and has asked Varma to compensate Sajjid to the extent of Rs.8 Lakhs. Varma has moved Bombay High Court against this decision which has asked FWA to file its reply.

This case brings to light too many issues surrounding film scripts and their alleged plagiarism by producers or directors in films, such as “Om Shanti Om” reported here and also recently with “13B-the New Address of Fear”as reported here.

While Indian Copyright Act provides for registration of any work [sec.44-45] and copyright registered work to be prima facie evidence of ownership in the work [sec.48], the question remains whether in absence of such registration, how the priority of ownership in the work can be determined. Also, whether trade bodies such as FWA can sit upon the judgment on the question of plagiarism and consequently, priority of ownership.

It is worthwhile to mention that FWA was established as a trade union body in 1954 and FWA Bye-Laws provides for registration of work such as story, synopsis, concept, screenplay, scenario, dialogue and lyrics for feature films, video films, teleplays, serials and audio cassettes, for its members who have to be employed in the film industry. The bye laws also categorically provide that the registration shall not be construed as ‘Copyright Registration’. The bye-laws provide for Dispute Settlement Committee where only a member may file claim against his employer or another member. This Committee can hear the parties, record their statement, scrutinize their documents and record evidences and then ‘settle the dispute’. There is a provision for appeal as well and party may also approach regular Court in which case FWA shall defend its decision.

FWA being a trade body was formed to ensure minimum wages to the screen writers and has evolved as a strong body representing the rights of Film writers over the years but their locus standi to decide the question of ownership of a script which basically dwells on the question of copyright ownership, even if the same is limited to its members, is doubtful as no such provision is there in Copyright Act. Copyright Act does provide for Copyright Societies [sec. 33] but FWA is no such Copyright society. Secondly, by deciding on the question of ownership within FWA, the powers of civil court as provided in the Copyright Act [sec.55] is undermined.

This apart, the question also arises whether associations such as FWA, can set-up bye-laws based on a contractual arrangement between its members and can decide on the question of copyright ownership.

Hopefully, the case before High Court shall also decide the locus standi of FWA to decide such questions and if the answer is in affirmative then under what provisions FWA draws its authority; moreover, the role of various other similar trade bodies/associations in the film industry to decide questions of plagiarism or copyright violation may also come to light.