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Bachche Gowda (Owner)     08 December 2012

Do i have legal rights to fight this story abuse case

Dear Madam/Sir,

Greetings.

I am screenplay writer.

I have a question regarding copyright violation/following case.

I wrote a 10page scriptttt which is blue print for screenplay.

PROOFS
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1) I have EMAIL PROOFS of submitting this to various production houses.

2) Then I submitted it to One of the Directors (in hard copy) during "How to write screenaply" workshops - because I was expecting them to give feedback on it - as per their Advertisement.

Also now, recent I sent a mail to organizer of "How to write screenaply" workshops and also sent him my notes (as given below). His reply clearly gives out that I had indeed submitted the story to them. 

3) In my email account >> draft folder, I have made notes that a particular version of doc was submitted to workshop. It shows time stamp corresponding to the period.

=================================================

Two years later to that worskshop, I found that they have used my document/story submitted - in following way.

Does this amount to Copyright violations? : -

The story submitted was written involving 30+ year old characters and adult audience (18+ / 'A' certificate), in mind. But Director using my story as "REFERENCE POINT/GUIDING DOCUMENT" went on to write their own story involving 20+ year old characters and for 15- 25 year old audience ('U' certificate).

It is not dialogue by dialogue or scene by scene copy. It is something like this:If Director had not read my 10page scriptttt, they would have never made that movie.

In my story I have given out a message. What director did is to write a story which gives out more or less opposite message. But in the process, they retained some of the STORY ELEMENTS.

How my story and  Directors story are connected?


Here are some of the points: -

I)  In both stories, hero gets ditched by girl/women and he develops cold feet for emotional involvement. This forms a SMALL PART in my story - but Director'S movie, had it ENLARGED.

II) In both stories, hero comes back to India in search of heroin. This forms a ENLARGED  PART in my story - but SMALL PART in Directors Movie.


III)
In my story, Hero is shown at different stages: High School, College, 30+ old married.

In Directors movie, Hero is shown at different stages: Primary School, High School, College, about to marry context.

IV) In my story, at different stages of Hero's Life - one girl/woman come into his life and either fall for him or hate him.


Same is the case with Directors movie.

V) In both the stories, hero, after many years,  comes across one of the woman, with whom he had some kind of relationship, in the past:

In my story, hero has physical relationships when he was teenager and after many years i.e when he becomes adult, the woman accidentally meets and recognises Hero and tries to show her interest in him.

In Directors movie, hero as schoolboy has a classmate. And after many years i.e when he becomes adult, the girl, who is also adult now, accidentally meets but FAILS to recognise hero. Hero tries to refresh her memory. The girl DOESNT show any interest in him.


VI) In my story, I had mentioned that Hero experiences periods of prolonged SILENCE, which in turn gives hero time to contemplate about his past actions.

In Directors movie, an artificial situation is created in the PUB scene, where hero gets angry at SILENCE.

VII) In my story, Hero does exercises to improve his physical Health.

In Directors movie, the FRIEND of Hero does exercise to improve his Helath but ends up having cancer.

VIII) Every Hero should have an internal struggle and and external struggle.

In my story, the internal struggle for HERO was to fight SEX ADDICTION - which was result of his physical abuse as teenager at the hands of Adult woman.

In Directors movie,  the internal struggle for HERO was to fight his DOUBTING CHARACTER (of girls) - which was result of his FAILED love affairs with numerour girls.

IX) Message of the movie are more are less - opposite.

Please advice. Do I have a case on my hand? If so I am looking for Lawyers who will fight the case and take complete fruits of the same - I only want the world to know How this director used my story for his personal gains ( if he is legally wrong). Ethically, I know they should have realized the fact that I had gone to their workshop as a student.

Regards,
Bachche Gowda



Learning

 6 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     09 December 2012

You have a fit case in hand but you have not mentioned the place of your residence so the concerned lawyer could not be referred to you.

1 Like

Bachche Gowda (Owner)     10 December 2012

Thanks You Sir.
I will send you the information in private.

Just to add one more point of comparision: -

X) In both stories, hero comes back to India to get Heroin back in his life.

In my story, he fails to get heroin back inhis life.
In Directors movie, the director leaves it inconclusive i.e. hero come back to India and meets heroin (proactively) but picture ends just there...

Regards,

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     10 December 2012

You have already been indicated what course to adopt so do as already advised.

1 Like

Chirag Bhatt (Lawyer Gujarat High Court)     11 December 2012

yes it is an infringement of your copy right if your are first owner of it.

 

Regards,

Chirag Bhatt

IP Laywer

1 Like

ghanshyam hemdev (director)     13 December 2012

According to me there are many variotions and changes implemented according to which you will not have a fit case of filing an infringment suit.The director can claim that the situatiuons and characters are not same. These changes that he has implemented are enough for him to not get sued.

1 Like

Bachche Gowda (Owner)     02 February 2013

Big thanks to Mr. raj kumar makkad, Mr. Chirag Bhatt and Mr. Ghanshyam hemdev.

I am now, no more looking for others advice on this.

thanks to lawyersclubindia.com

Rgds,


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