Copyright infringement: SC exempts filmmaker Sujoy Ghosh from appearing in Jharkhand court

The high court refused to evaluate the merits or compare the two scripts at the current stage.The complainant, Umesh Prasad Mehta, had written a script of film Sabak which was certified by the Notary Public of Hazaribagh for obtaining its copyright.The complainant met Ghosh and obtained a recommendation letter, which was essential for obtaining the copyright of a film script.Ghosh allegedly kept the photocopy of the script of the complainant and knowingly infringed the copyright of the complainant by producing a film with Kahani 2.The film was watched by the complainant in a film hub at Hazaribagh.

The Supreme Court on Wednesday granted exemption to filmmaker Sujoy Ghosh from appearing personally before a Jharkhand court in a copyright infringement case over his movie Kahaani 2.

A bench of Justices P S Narasimha and R Mahadevan issued notice to the Jharkhand government on Ghosh's plea to quash the case pending before the court of chief judicial magistrate Hazaribagh.

Ghosh challenged an April 22 order of the Jharkhand High Court refusing to quash the proceedings pending against him.

The filmmaker had then moved against the magistrate order of June 7, 2018, holding a prima facie case of copyright infringement against him under Section 63 of the Copyright Act, 1957.

The high court dismissed Ghosh's plea on April 22 observing it would not conduct a "mini-trial" at the quashing stage and the issues could be tested during trial. The high court refused to evaluate the merits or compare the two scripts at the current stage.

The complainant, Umesh Prasad Mehta, had written a script of film ''Sabak'' which was certified by the Notary Public of Hazaribagh for obtaining its copyright.

The complainant met Ghosh and obtained a recommendation letter, which was essential for obtaining the copyright of a film script.

Ghosh allegedly kept the photocopy of the script of the complainant and knowingly infringed the copyright of the complainant by producing a film with Kahani 2.

The film was watched by the complainant in a film hub at Hazaribagh. After watching the film, the complainant alleged Ghosh violated his copyright by committing theft of his script and infringed its copyright.

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