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The suit pertains to a dispute involving actor Nayanthara, her husband-director Vignesh Sivan, and Netflix’s docu-series 'Nayanthara: Beyond the Fairytale'
The Madras High Court on Tuesday dismissed an application filed by Los Gatos Production Services India LLP, a Mumbai-based entity through which Netflix reports its content investments in India, seeking to reject a civil suit filed by actor Dhanush’s Wunderbar Films Private Limited.
The dispute centers around the alleged unauthorised use of behind-the-scenes (BTS) visuals from the 2015 Tamil movie Naanum Rowdy Dhaan, which was produced by Wunderbar Films and directed by Vignesh Sivan.
According to the affidavit submitted by Sreyas Srinivasan, director of Wunderbar Films, the visuals featured in the docu-drama, Nayanthara: Beyond the Fairytale’s trailer were used without proper authorisation.
After noticing the use of BTS visuals in the trailer, Wunderbar Films issued a legal notice to Netflix on November 9, 2024. In response, Netflix and Tarc Studios LLP, the docu-drama’s producers, claimed the footage was personal and not shot by Wunderbar’s commissioned personnel. However, Wunderbar highlighted that the visuals in question were previously uploaded to its official YouTube channel in 2015.
Wunderbar Films claims that Nayanthara’s artist agreement vests all rights, including her likeness and performances related to the movie, exclusively with the production house. The agreement allegedly prohibits her from using any footage without prior permission from Wunderbar.
“In view of clause 4 of the artist agreement, the applicant owns the copyright over all the artists’ performance in connection with the cinematograph film meaning thereby that if any picture or video of the artist is captured as long as they are in their character on the set of the cinematograph film, the copyright over the same vests only with the applicant,” the applicant stated.
Los Gatos, in its reply, stated that it relied on assurances from Tarc Studios regarding permissions for the footage and directed Wunderbar to address any objections with the studio. Wunderbar Films has temporarily valued its damages at ₹1 crore.
Justice Abdul Quddhose also informed that the interim injunction application filed by Wunderbar will be heard on February 5.