Kantara Plagiarism Row: Kerala High Court Stays District Court's Order Restraining Hombale Films From Using 'Varaharoopam' Song

The Kerala High Court on Tuesday stayed the order passed by a local Court restraining the makers of the Kannada movie 'Kantara' from exhibiting the song 'Varaha Roopam' in theatres and streaming platforms.

The Additional District Court at Kozhikode had directed that the respondent, Hombale Films, and their representatives and others would be "restrained from distributing, exhibiting in theatres, releasing on Over The Top platforms, streaming, downloading, and/or in any manner communicate to the public in and/or through their services; the cinematograph film 'Kantara', with the synchronized song 'Varaha Roopam' without inserting due acknowledgment of the authorship of the composer - 'Thaikkudam Bridge' and the ownership of the plaintiff/petitioner," vide its order. It passed the order in a suit filed by Mathrubhumi Printing and Publishing Co. Ltd which is the copyright holder of the "Navarasam" song of Thaikkudam Bridge.

Challenging the order, Hombale Films appealed to the High Court.  Justice Kauser Edappagath while issuing notice on the appeal directed that the impugned order would be stayed until the next date of hearing. 

The Court has posted the case for objection and hearing on April 28, 2023. 

The appellants are represented by Advocates P.B. Krishnan, Anoop V. Nair, and Laya Mary Joseph. 

History of Litigation

In October-November last year, the Principal District Court, Kozhikode, as well as the Palakkad District Court had passed temporary injunction orders to restrain the makers  "Kantara" from using the song 'Varaha Roopam' in theatres and streaming platforms, following allegations that the song had been plagiarized from the song 'Navarasam' by the Kerala rock band, 'Thaikkudam Bridge'.

Subsequently, the Kozhikode District Court returned the plaint filed by music band Thaikkudam Bridge alleging copyright infringement against Hombale Films over the song 'Varaharoopam'. The application filed by Hombale Films, the producer of the movie, under Order 7 Rule 10 of the Code of Civil Procedure for return of the plaint was allowed. The District Court returned the plaint stating that it should be presented before the competent court. It further directed that the parties shall appear before the Commercial Court at Ernakulam within 14 days. While returning the plaint, the District Court stated that the injunction application ought to be pursued before the competent court. The Palakkad Court also similarly returned the plaint.

This order of the Kozhikode District Court returning the plaint was then set aside by the High Court, on the petition by Thaikkudam Bridge. The Court had found that the matter would not fall within the pecuniary jurisdiction of the Commercial Court. It was also observed that Section 62 of the Copyright Act would not take away the right of the plaintiff to institute a suit in another place (a place other than where the plaintiff resides or carries out business) where a part of cause of action has arisen, and that Section 20(c) of CPC, which allows a plaintiff to institute a suit at a place where a part of cause of action has arisen, is not impacted by Section 62. In this case, the Single Judge Bench of Justice M.R. Anitha had held that the suit could be maintained at Kozhikode on the strength of Section 20(c) CPC.

It is worthwhile to note that the High Court had earlier granted anticipatory bail to Vijay Kirgandur and Rishab Shetty, the Producer and Director respectively of 'Kantara' in the plagiarism row, pursuant to the registration of an FIR under Section 63 of the Copyright Act against them. However, the Court had imposed a condition that 'Varaha Roopam' ought not to be exhibited in the movie until an interim order or final order after addressing the copyright infringement in the matter had been passed by a competent civil court. It had also been clarified that the petitioner therein could approach the competent civil court at their instance at the earliest in order to "have a meritorious decision as regards to the allegation of infringement of copyright, as per law". This pre-arrest bail condition to not play the disputed song was however stayed by the Apex Court and later set aside by it. 

Case Title: Hombale Films v. Mathrubhumi Printing and Publishing Co. Ltd. 

Click Here To Read/Download The Order