Sourav Ganguly Vs 'Doosra': Delhi HC Seeks Filmmaker's Response Over Cricketer's Personality Rights Plea What We Know

(MENAFN- Live Mint) The Delhi High Court on Friday sought a response from the makers of "Doosra," a film directed by Abhinay Deo, to cricketer Sourav Ganguly's plea alleging infringement of his personality rights.

The movie was released on 23 October. A vacation bench of Justice Vinod Kumar said it would consider interim relief concerning the film only after receiving the defendants' responses. The bench also directed them to arrange a screening of the movie, PTI reported.

Justice Kumar, who held court while the Delhi High Court was closed for the Dussehra break, issued summons to the film's producers, director, and distributor after a lawsuit was filed by Ganguly and Luv Films LLP, which is producing a biopic of the former cricket captain.

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The senior counsel for the makers of the film stated that it was not a biopic but a fictional story of a middle-class girl hailing from Rajasthan who gets inspired by certain sporting events involving the cricketer. Justice Kumar then said, "(The defendants to make) arrangements for playing the film so that it can be decided whether the personality rights of the plaintiff are violated or not."

The defendants' lawyer said it was too late to seek interim relief because the film had already been released, but the plaintiffs' lawyer argued that the court could still order a stay.

The development came after the high court on Thursday declined to halt the film's theatrical release. The filmmakers' senior lawyer said permission to use clips featuring Ganguly had been obtained from the relevant rights holders.

Why did Sourav Ganguly file a plea?

According to ANI, Ganguly moved the Delhi High Court ahead of "Doosra's" release and alleged that the movie uses references associated with his identity and cricketing career in a way that infringes upon his personality and commercial rights.

The plea refers to Ganguly's captaincy during India's dramatic chase against England in the 2002 NatWest Series final and his shirtless celebration on the Lord's balcony afterwards, a moment that remains etched in Indian cricket's history.

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Ganguly's lawyer said the cricketer had not licensed the film's production. However, counsel for the "Doosra" makers argued that a player cannot claim personality rights over footage from the 2002 NatWest series.

The cricketer has asked the court to protect his rights against what he alleges is the unauthorised use of his persona for commercial gain in the film.

Ganguly's plea puts a spotlight on personality rights in cinema

The case highlights questions about how filmmakers can depict celebrated athletes' lives, achievements and iconic sporting moments, and when doing so could infringe their personality rights.

In recent times, personality rights disputes have become increasingly common, with more celebrities moving the courts to protect their names, images, likenesses, and other attributes associated with their identities from alleged unauthorised commercial use.

The Delhi High Court has scheduled the next hearing on Ganguly's plea for 29 October.

(with agency inputs)

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