Actor Nayanthara’s public dispute with actor-producer Dhanush may stem from the denial to use a three-second behind-the-scenes clip from her film for a documentary. Yet, according to copyright law experts, producers are well within their rights to protect their content and it’s up to actors to draw up contracts that legally allow them to use footage in such cases.
The controversy relates to the 2015 film Naanum Rowdy Dhaan, starring Nayanthara. While the film was produced by Dhanush, it was written and directed by the actor’s now-husband Vignesh Shivan. In an Instagram post, Nayanthara said she and Shivan spent two years seeking permission to use footage from the film for the Netflix documentary Nayanthara: Beyond the Fairytale but were unable to obtain a no-objection certificate. She accused Dhanush of seeking compensation for a minor clip.
The actor-producer’s lawyers rejected her claims, asserting that the clip was not personal footage but belonged to the production team. His company Wunderbar Films Pvt. Ltd has filed a civil suit in the Madras high court against Nayanthara, Shivan, her company Rowdy Pictures Pvt. Ltd and two others for using visuals from Naanum Rowdy Dhaan in the documentary.
In an article covered by LiveMint on this subject, Mr. Aasish Somasi, Associate Partner, SNG & Partners, while expressing his thoughts on the case said that, “Actors are generally bound by confidentiality obligations and copyright restrictions in their contracts, which prohibit them from using film footage without permission. Courts have recognized that minimal use of copyrighted material in natural settings – such as brief performances on talk shows – may not constitute infringement.”
But he, too, advised that actors may negotiate specific publicity clauses in their contracts that permit them to promote the film on social media or allow third parties to publish promotional material on their behalf. “This is particularly common when actors have significant social media influence and can contribute to the film’s marketing efforts.”
