The Kozhikode District Court returned the petition filed by Thaikudam Bridge against the makers of the Kannada film ‘Kantara’, alleging copyright infringement in the name of the song ‘Varahararupam’, saying it had no jurisdiction. An application filed by Hombale Films, the film’s producer, under Order 7 Rule 10 of the Code of Civil Procedure for reinstatement of the complaint was allowed.
The district court returned the petition stating that it should be submitted to the competent court. The court also ordered the parties to appear before the commercial court in Ernakulam within 14 days. Returning the petition, the District Court decided that the application for an injunction could proceed before the competent court.
Consequently, the ad-interim order passed by the District Court on October 28 against the use of the song ‘Varahararupam’ in the film will not come into effect. The restraining order is against Homebale Films, Rishabh Shetty and Prithviraj Productions (as producer, director and distributor of the film in Kerala). Also, streaming platforms such as Amazon Music, Spotify, Wink Music and Geosave have banned the song from playing.
Also Read: Kantara in OTT without ‘Varaha form’; Desperate fans; Thaikudam Bridge as a victory of justice
But the interim order issued on November 2 by the Palakkad District Court, another court in Kerala, against the use of the song ‘Varaharoopam’ is still in place. The second order is in a case filed by Mathrubhumi Printing and Publishing Company Limited, which claims to be the copyright owner of the song ‘Navarasam’, which is the subject of a plagiarism dispute.
The Kerala High Court had recently refused to entertain pleas filed by Homebale Films against the injunction order passed by the District Courts seeking to dispose of appellate remedies under the Code of Civil Procedure.
On 24 November, the film was streamed on Amazon Prime after skipping the song ‘Varaharupam’.
Also read: Kantara | ‘Kantara’ reaches OTT; Stream here
Thaikudam Bridge had responded on their Facebook post regarding the removal of the song from the film. “Amazon Prime has removed the pirated version of our Navarasam song from the movie Kantara. This is the victory of justice. Thanks to Attorney Satish Murthy and Mathrubhumi for supporting us. Thank you to the fans and the media for supporting us.”
Summary: The Kozhikode district court returns the petition filed by Thaikkudam Bridge against the song Varaha Roopam in the Kannada film Kantara, citing copyright infringement. Both parties are ordered to appear before the Ernakulam Commercial Court in 14 days