Article
Right to paternity of contribution in cinematographic film – Analysis of the CHHAPAK case
By Saksham Garg
The Delhi High Court recently held that once a person has contributed to any cinematographic film in any manner, then as per the moral rights, he/ she has right to paternity. The Single Judge upheld an order of the Trial Court granting mandatory interim injunction in favour of the Plaintiff. The Court applied the maxim of promissory estoppel in favour of the Plaintiff to hold that a valid expectation was created in the Plaintiff’s favour of having her work in the film recognized in the credits sequence. The Court also observed that there was no monetary benefit, or any other kind taken by the Plaintiff in lieu of her services and thus deserved the right to acknowledgement. Elaborately discussing contentions of the parties before the Court and its findings, the author concludes that the contributor has paternity right under the moral rights allotted to a person under Section 57 of the Copyright Act, 1957. The author is of the view that an effective remedy can be provided in such cases by applying the principle of promissory estoppel and granting a mandatory injunction to the effect of acknowledging such contribution...
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