Mumbai: Zombivli, Marathi film caught in copyright disputes before the Bombay High Court will be released on January 26 – Preopon from the release of the scheduled February earlier.
On Tuesday HC heard for hours the temporary application submitted by Tarun Wadhwa, an independent filmmaker who claimed that Saregama illegally used the material to make Marathi films in Zombie, in their appeal, looking for lodging on the release of the film.
In the end the HC bench from Judge SJ Kathawalla and Millind Jadhav said, “Because the parties have agreed that the above appeal was finally heard on February 3, 2022, ” Advice Rahul Ajatshatru with advocate Karishma Shah for Wadhwa, in the instructions not the press for reliefs searching for.
HC puts the attraction for physical hearing and final disposal on February 3 and waste the temporary petition of Wadhwa as “not suppressed” and made all the impressions of the Open parties.
Middle of Wadhwa in appeal also to find orders to lower it from the screen, if he succeeded.
Senior adviser Virendra Tulzapurkar and Advocate Hiren Kamod have opposed the temporary stay grants.
Last year one Hakim Judge Gautam Patel has rejected Wadhwa’s request to hold Zombivli’s release saying, “it is impossible to give orders about arrears or assumptions.”
This is a well-known proposition that there is no copyright in an idea and “the application must be appropriate and the facts must be clearly shown,” Justice Patel said.
Wadhwa appealed against the rejection and was satisfied that he had to be given credit for his work.
“When two ideas were developed, there must be similarities.
A definite test was to see whether the viewers or readers who saw the two works concluded it was not wrong to conclude that the current work was the original copy.
Even if the two works are thematically the same, but treated and presented Different, maybe there are no questions about copyright infringement.
Incidental co-incident is not copyright infringement.
Violations are formed with clear and cogen evidence, “said Justice Patel.
Read Nyazombivli.