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Madras High Court rejects Netflix's plea to dismiss Dhanush's copyright infringement suit

The suit stems from the alleged unauthorised use of visuals from the Tamil film Naanum Rowdy Dhaan in the Netflix docudrama Nayanthara: Beyond the Fairytale

CE Features

On Tuesday, the Madras High Court dismissed an application filed by Netflix seeking to quash a copyright infringement suit filed by Dhanush against Nayanthara. The suit stems from the alleged unauthorised use of visuals from the Tamil film Naanum Rowdy Dhaan in the Netflix docudrama Nayanthara: Beyond the Fairytale.

The court also rejected an application from Los Gatos Production Services India LLP, which manages Netflix's content investments in India, seeking to revoke the court's earlier permission granted to Wunderbar Films, owned by Dhanush, to file the suit in the Madras High Court. Los Gatos argued that the suit should be heard in Mumbai, where the company is based. However, Justice Abdul Quddhose ruled against Los Gatos, stating their application lacked merit.

The court scheduled a further hearing on February 5th to address an interim relief sought by Wunderbar Films regarding the use of visuals from Naanum Rowdy Dhaan in the docudrama. 

Wunderbar Films, in an affidavit filed by its director Sreyas Srinivasan, contended that neither Nayanthara nor Netflix had the right to use any footage, including behind-the-scenes (BTS) visuals, from the 2015 film without prior permission. Srinivasan emphasised that Nayanthara had signed an artist agreement with Wunderbar Films in 2014, transferring all rights related to her performance, likeness, name, and voice in connection with the film to the production company. 

Wunderbar Films stated that upon discovering the unauthorised use of BTS visuals in the docudrama's trailer, they issued a notice to Netflix on November 9, 2024. Netflix and Tarc Studios LLP, the producers of the docudrama, responded on November 11, 2024, claiming that the visuals were personal in nature and not shot by persons commissioned by Wunderbar Films.

This legal dispute came to light shortly before the docudrama's release on November 18, 2024. On November 16, 2024, Nayanthara addressed an open letter to Dhanush on social media, stating that she had repeatedly requested a No Objection Certificate (NOC) from Wunderbar Films for two years but had not received one. 

Nayanthara explained that the docudrama included a few seconds of visuals and songs from Naanum Rowdy Dhaan as the film marked the beginning of her romantic relationship with her now-husband, director Vignesh Shivan. She accused Dhanush of harbouring a personal grudge against her and Vignesh, alleging that he had sent her a legal notice seeking ₹10 crore in damages after the release of the trailer. Nayanthara maintained that only three seconds of BTS footage shot on personal devices were used, rendering the legal notice unjustified. 

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