Netflix India’s plea dismissed by Madras HC in Dhanush-Nayanthara lawsuit

The Madras High Court has dismissed Netflix India's application to reject a lawsuit filed by actor-producer Dhanush's production company, Wunderbar Films, regarding alleged copyright infringement related to the documentary Nayanthara: Beyond the Fairytale.

Justice Abdul Quddhose ruled against Netflix India’s plea and set the hearing for Wunderbar Films' interim injunction application on February 5, 2025.

Dhanush, who produced the film Naanum Rowdy Dhaan, claimed that behind-the-scenes footage from the movie was used in Nayanthara's documentary, produced by Netflix, without proper authorization.

Although Netflix India's office is based in Mumbai, outside the jurisdiction of the Madras High Court, Dhanush had obtained leave to sue the company in the High Court.

Netflix India argued that the plaintiff only sought permission to sue the fifth defendant (Netflix India – Los Gatos) and not the other defendants, as required by the Copyright Act and Letters Patent Act. The platform also pointed out that a photo featuring Nayanthara and Vignesh Sivan from the movie set was shared on social media in 2020, but Dhanush had not objected until after the documentary's release in 2024.

Netflix further argued that the lawsuit was filed a week after the documentary’s release, showing no urgency and failing to justify bypassing the mandatory pre-suit mediation process under Section 12A of the Commercial Courts Act.

However, Senior Advocate PS Raman, representing Dhanush, countered that all materials related to the movie set, including costumes and behind-the-scenes footage, were the intellectual property of the producer. He argued that copyright infringement occurred when this unauthorized footage was used in the documentary.

Raman noted that after the documentary’s trailer was released, an email was sent to the defendants asking them to desist from using the footage. However, it was only after the documentary's release that the full extent of the footage usage became clear, prompting the lawsuit.

He also highlighted that Nayanthara had signed a contract stating that her appearance in the film, including costumes and hairstyles, was the copyright of the producer. Therefore, any use of such material without permission was considered a copyright breach.

The court dismissed Netflix India's plea, allowing the case to proceed. The next hearing is set for February 5, 2025, where the court will consider Wunderbar Films' request for an interim injunction.

Earlier, Nayanthara shared an open letter on Instagram criticizing Dhanush for demanding Rs 10 crore in compensation for the use of a few seconds of footage, calling it an all-time low.

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Additionally, Nayanthara posted a thank-you message to Shah Rukh Khan, Chiranjeevi, Ram Charan, and other producers who allowed her to use footage from their films for her documentary without hesitation or delay.