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Sushant Singh Rajput's name and likeness can be used in biopics, according to the Delhi High Court, notwithstanding his father's plea

By Saakshi Singh Rawat      11 June, 2021 07:56 PM      0 Comments
Sushant Singh Rajput's name and likeness can be used in biopics, according to the Delhi High Court, notwithstanding his father's plea

On 3rd of June, the Delhi High Court quashed an appeal brought by Sushant Singh Rajput's father, Krishna Kishore Singh, attempting to prevent creators from exploiting the late actor's name, lifestyle, or likeness in projected biopics.

Justice Sanjeev Narula's single panel refused to give an ex-parte, ad-interim injunction prohibiting filmmakers from exploiting Sushant Singh Rajput's name, caricature, lifestyle, or appearance in upcoming films or projects. Sushant Singh Rajput's father has filed a lawsuit in response to the planned biopics of his son.

The Court has however directed the defendants in the suit - the makers of the proposed biopics - to submit that all details of royalty, licensing, profits made from the movies being to the Joint Registrar. The Court however has given notice of a complaint lodged by the defendants to have the plaint dismissed under CPC Order 7 Rule 11. The Court might revisit the issue of the plaint's denial at a later date.

In April, Justice Manoj Kumar Ohri of the Delhi High Court issued directions on Sushant's father's case, which sought a prohibition on the broadcast of any film based on the actor's life. The appeal claimed that previous news pieces and publications including movies and other endeavours reflecting his personal life, name/images/caricature/lifestyle/likeness in form of biography or tale, had violated his right to privacy and "passed off." And the statement further stated any such publishing, production, or presentation of the late actor's private life is a flagrant and intentional violation of the fundamental right to privacy, which includes the right to publicity.

The late actor's father, who filed the petition, indicated that the same could not be done even without prior approval of his legal heir, which is his own approval. Singh further suspects that the film was released in a "orchestrated manner" by close confidants of the people charged in his abduction of suicide case in order to sway a pending inquiry.

In addition, Singh noted that any use/misuse of Sushant's name, picture, caricature, lifestyle, or anything from his personal life is a violation of his "personality right" and is therefore considered passing off.

Singh filed the suit based on news reports stating that movies such as "Nyay: The Justice," "Suicide or Murder: A Star Was Lost," and "Shashank," which reportedly represent Sushant's narrative, will obstruct the probe. He had asked for an injunction prohibiting the defendants from using, advertising, or referring back to Sushant's name, caricature, lifestyle, or appearance in their next project activities in any way.



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