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The Madras High Court has dismissed Netflix’s application to reject a copyright infringement case filed by actor Dhanush against actor Nayanthara Kurian, pertaining to the documentary “Nayanthara: Beyond the Fairytale” on the OTT platform. This case centers around the use of behind-the-scenes footage from the 2015 film Naanum Rowdy Dhaan, produced by Dhanush’s production company, Wunderbar Films.
Background of the Dispute
The case was filed after Dhanush objected to the use of behind-the-scenes (BTS) footage from Naanum Rowdy Dhaan in Nayanthara’s documentary, which was released on Netflix in November 2024. The footage was taken during the production of the film, in which Nayanthara starred and her now-husband, Vignesh Shivan, made his directorial debut. Dhanush, in his civil suit, has demanded ₹10 crore in damages, arguing that the content infringed upon his copyright.
The Madras High Court, headed by Justice Abdul Quddhose, rejected Netflix’s plea and upheld Dhanush’s request to have the case heard in Chennai. The court observed that Dhanush had the right to file the suit in the Madras High Court, as the offices of all involved parties were within its jurisdiction. The court further clarified that its observations would not impact the main suit, which remains pending.
Justice Quddhose stated that as long as any infringing material continues to be aired, it constitutes a “continuous cause of action” for the copyright holder. This decision underscores the ongoing nature of copyright violations in cases where the material remains in circulation.
Dhanush’s Contention and Legal Basis
Dhanush’s legal team contends that the BTS footage was shot by individuals hired by his production company on set and uploaded to Wunderbar Films’ YouTube channel. The actor’s legal action follows a letter sent to Netflix’s production unit, Los Gatos Production Services India LLP, demanding the removal of the footage and compensation for the infringement.
On November 9, 2024, Dhanush had sent an email notice about the issue, but on November 11, Netflix’s response claimed that the BTS footage did not belong to the applicant company. In response, Dhanush demanded ₹10 crore in damages if the footage was not removed.
In November 2024, Nayanthara responded to Dhanush’s legal action with an open letter posted on her social media. She expressed frustration over Dhanush’s refusal to grant permission to use the footage for two years, despite repeated requests for a no-objection certificate. Nayanthara criticized Dhanush for demanding ₹10 crore for the use of only three seconds of BTS footage, calling his actions an “all-time low.” Dhanush has since claimed that Nayanthara’s letter was defamatory.
The Impact of the Case
This ongoing legal battle highlights the complexities of copyright in the entertainment industry, particularly regarding content used without the consent of the original creators. As the case proceeds, both parties are likely to continue making public statements, intensifying the scrutiny surrounding their professional relationship. With the documentary still available on Netflix, Dhanush’s demand for damages remains a critical aspect of the legal proceedings.
As the civil suit progresses, the Madras High Court’s recent ruling ensures that Dhanush’s claims will be heard in Chennai. The case underscores the importance of respecting intellectual property rights in the entertainment industry and the potential consequences for failing to do so. With both sides making strong claims, it remains to be seen how the case will ultimately impact the careers and reputations of those involved.
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