Bengaluru Court Orders Take Down Of 'Hostel Hudugaru Bekagiddare' Trailer For Using Actor-Politician Ramya's Name Allegedly Without Permission

A Court in Bengaluru has passed an ex-parte interim order directing Gulmohur Films, Zee Entertainment and other respondents to take down all the trailers of Kannada film 'Hostel Hudugaru Bekagiddare' showing the name, clips of film actor and ex-MP Divya Spandana (alias Ramya), allegedly without her permission.

Additional City Civil and Session Judge Ravindra Hegde further ordered,

“By an ex-parte interim order of temporary injunction, defendants are restrained from releasing the feature film 'Hostel Hudugaru Bekagiddare' with any of plaintiff's video clips, images ог GIFS incorporated directly or indirectly in the feature film.”

Ramya has filed the suit for permanent injunction seeking to restrain the defendants from using her name/image/video clips in the film and for mandatory injunction to take down the trailer of the film which contains unauthorised her clips/scenes. She further seeks a direction to the defendants to remove all references, press releases, videos, posters, advertisements etc. containing her name. She has also sought compensation of Rs 1 crore.

It is stated that defendants had approached Ramya and she had agreed to provide professional acting services for a special appearance in the film and accordingly, an artiste agreement was entered into between the parties.

According to the agreement the producer can use artist's name, photographs, likeness and approved biography, appearance in connection with the film and the promotion, merchandizing and other exploitation as approved by Artist and the creatives shall be shared with the Artist and it was agreed that prior to release of the film, Artist will watch the film.

It is alleged that though shooting of the scenes were done, the parties mutually agreed in November 2022 that Ramya will not be a part of the main film and she would only be part of the promotional video and accordingly she uploaded a promotional video which clearly show that she will not be 'starring' in the film.

Inspite of this, according to her, in June 2023, one of the defendants sent video clips of the scenes featuring her for her review and confirmation and even though she asked defendant to halt the process until her further confirmation and it is alleged that defendants went on to lock in and confirm the edits and also fix the date of release of the movie and the poster. The trailers were released in early July.

Ramya produced WhatsApp chats with some of the defendants, wherein she raised objection for using her name and scenes and photo in the movie and trailer and stated that she will not be part of the Film and that she do not want to do the cameo for the film.

“On looking at these documents, it is prima facie made out that though there was an Artiste agreement between the parties, plaintiff has later refused to give cameo appearance in the film and against her wish and specific refusal, defendants have released trailer post showing that plaintiff is also part of the film,” Court said.

It added, “The film is likely to be released on 21/7/2023, inspite of objections raised by the plaintiff since June. Therefore on looking to the entire facts and circumstances of the case, if the movie is released by showing plaintiff as part of the Film and the trailer that are already released are not withdrawn, plaintiff's rights under the Artiste agreement are likely to be infringed and the moral right of the plaintiff under the Copyrights Act and also performer's right also will be affected.”

Ramya has sought an order restraining the defendants from taking down the trailers showing her and her name and also to halt release of the film which shows her video clips.

Court said that by such a restraint order her right could be protected and the defendants can proceed with the release of the film without showing her involvement in the film.

Accordingly it said,

“At this stage plaintiff has made out a prima facie case, for grant of temporary injunction. Plaintiff has made out exceptional circumstances requiring grant of interim mandatory injunction of directing the defendants to take down all the trailers of the film. If the temporary injunctions prayed are not granted, very purpose of the order would be defeated and the plaintiff may suffer irreparable injury.”

Case Title: DIVYA SPANDANA ALIAS RAMYA And GULMOHUR FILMS PVT LTD & Others

Case No: Commerical Dispute Original Suit 812/2023

Appearance: Advocate Chintan Chinnappa, Partner, Spectrum Legal and was assisted by his Associates, Ms. Divya Jain and Pavan V for appellant.