A 3-second video clip holds lessons for film contracts

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.

- Lata Jha

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.

"Disputes of such nature underline the critical need for precise contracts and obtaining express consent," said Gaurav Sahay, practice head, technology and general corporate, Fox Mandal & Associates LLP. "From a creator's perspective, the obvious bone of contention lingers around any alleged reuse of the footage, how the footage is used and modified, the purpose or intent behind the use of such footage, and what the footage can be interpreted as."

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 Fairy-tale 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.