Sourav Ganguly vs ‘Doosra’: Delhi HC seeks filmmaker’s reply over cricketer’s personality rights plea; what do we know | Today’s news
The Delhi High Court on Friday sought a response from the makers of the Abhinay Deo-directed film ‘Doosra’ to cricketer Sourav Ganguly’s suit alleging violation of his personality rights.
The film was released on 23 October. A vacation bench of Justice Vinod Kumar said it would consider interim measures against the film only after receiving the defendants’ replies. The bench also directed them to ensure screening of the film, PTI reported.
Justice Kumar, who was presiding over the trial when the Delhi High Court was closed for Dussehra recess, issued summons to the film’s producers, director and distributor after Ganguly and Luv Films LLP, which is producing the former cricket captain’s biopic, filed the suit.
Here’s what we know
The lead counsel for the makers of the film said that it is not a biopic but a fictional story of a middle-class girl hailing from Rajasthan who takes inspiration from some sporting events involving cricketers. Justice Kumar then said: “(The defendants to make) arrangements to play the film so that it can be decided whether the personality rights of the plaintiff are infringed or not.”
A lawyer for the defendants said it was too late to ask for a preliminary injunction because the film had already been released, but a lawyer for the plaintiffs argued that the court could still order a stay.
The development comes after the Supreme Court refused to stay the film’s release on Thursday. The lead lawyer for the filmmakers said permission to use the clips featuring Ganguly was obtained from the respective rights holders.
Why did Sourav Ganguly file a lawsuit?
According to ANI, Ganguly had moved the Delhi High Court before the release of “Doosra”, claiming that the film was using references associated with his identity and cricket career in a manner that violated his personality and commercial rights.
The plea relates to Ganguly’s captaincy during India’s dramatic chase against England in the 2002 NatWest Series final and his subsequent shirtless celebration in the Lord’s Balcony, a moment that remains etched in Indian cricket history.
Ganguly’s lawyer said the cricketer had not licensed the film’s production. However, counsel for the “Doosra” makers argued that the player cannot claim personality rights over the footage from the 2002 NatWest series.
The cricketer has asked the court to protect his rights against what he claims is the unauthorized use of his person for commercial gain in a film.
Ganguly’s plea emphasizes personality rights in cinema
The case highlights questions of how filmmakers can depict the lives, achievements and iconic sporting moments of celebrated athletes and when doing so may infringe on their personality rights.
Disputes over rights of personality protection have become more frequent recently, with more and more celebrities moving the courts to protect their names, pictures, likenesses and other attributes associated with their identities from alleged unauthorized commercial use.
The Delhi High Court has scheduled the next hearing on Ganguly’s plea on October 29.
