The Screenwriters Association has cleared actor Sayani Gupta of copyright infringement allegations in her directorial debut short film Aasmani, following a claim by filmmaker Vinita Negi that scenes were taken from her unfinished documentary. The clearance arrived after a concrete consequence had already landed: the film was withdrawn from the Indian Film Festival of New Zealand in August.
For independent Hindi cinema, the episode is more than a personal vindication. It is a study in how a plagiarism claim operates as a commercial event before it becomes a legal finding.
The legal test is narrower than the phrase
In everyday conversation, “plagiarism” sounds like a verdict. In court, the operative question is copyright infringement, and the standard is exacting. Aishwarya Kaushiq, partner at BTG Advaya, said copyright protects the expression of an idea, not the idea itself. A person making the claim must show, with evidence, what was actually copied.
That usually means proving access to the work and substantial similarity, supported by early drafts, meeting records or proof of first publication. Neeha Nagpal, founding and managing partner at N & Company Legal, said the difficulty grows when a work is unpublished or still in progress. Writers often pair a copyright claim with a “breach of confidence” argument: that material shared in trust was then misused.
The damage arrives before the verdict
The commercial consequences do not wait for adjudication. A single allegation can get a film pulled from a line-up, delay a release, or make a platform go cold on a deal. Vishal Gehrana, partner-designate at Karanjawala & Co, said a festival selection can open doors to reviews, more festival invitations, distribution talks and professional recognition.
“The commercial clock often moves much faster than the court clock,” Gehrana said. A festival’s decision not to screen a film because of an allegation is not a legal finding of infringement; it is a decision taken in the face of an allegation.
What creators can do
Legal practitioners recommend treating documentation as part of the craft. Germaine Pereira, partner at Solomon & Co, said scripts should be registered with the Copyright Registry and the Screenwriters Association. A registration certificate acts as prima facie evidence and proof of ownership. Yusuf Shaikh, founder of Janta Cinema, said many in the business remain casual about paperwork and timelines.
- Register the script or concept note before circulating it.
- Keep dated drafts and records of who received which version.
- If a claim arises, seek legal advice early and preserve the paper trail.
- Treat an allegation as serious, but not as a verdict.
Ketan Mukhija, partner and co-head, PE & VC, at Kochhar & Co, argued for clearer industry protocols for handling copyright complaints. He said the balance should protect genuine rights while ensuring due process, so a film is not treated as infringing merely because an allegation has been made.
Source: Mint
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