By Nitika Sinha and Nieharika Sharma
Introduction
The recent dispute involving the actors Nayanthara and Dhanush over the copyright claim of 3-second behind the screen scenes (BTS) clip from a 2015 movie set of “Naanum Rowdy Dhaan” used in Netflix documentary “Nayanthara: Beyond The Fairytale” has brought about questions of ownership of such content. Dhanush had previously sent a legal notice and Wunderbar Films (his production house) has now filed a copyright infringement suit claiming a sum of Rs. 10 crores as damages for unauthorized use of visuals/ footage from the movie and received a response from Nayanthara with regards to 3 seconds clip, wherein she claimed that the BTS clip in question from the documentary’s trailer was shot from a personal device and the same was also publicly available on the social media.
The conflict became public after the actress’s open letter dated November 16, 2024. At the heart of the matter lies the ownership and copyrightability of BTS/ footage content, which often blurs the lines between personal recordings and IP tied to large productions houses. This case highlights critical issues, including the rights of individuals who create or appear in such recordings, the producer’s control over all materials created on set, and legality of using snippet without permission even if the same does not explicitly relate to the movie in the eye of general public.
COPYRIGHT CLAIMS AND DIGITAL AGE RELEVANCE
In the digital age, BTS clips have gained significant commercial relevance, transforming from mere bonus content into valuable digital promotional assets. The critics from the entertainment industry are giving varied opinions, some are of the view that Dhanush could have given the requested No Objection Letter (NOC) to Nayanthara and Vignesh Shivan, as it was a mere clip. However, others contend that since Nayanthara’s intention is to monetize her documentary through Netflix, there is nothing wrong in demanding money for the clips used from the movie produced by Dhanush.[1] Following the release of the documentary, it appears that the 3 seconds clip is a part of the 37-seconds video featured in the documentary. It shows that Nayanthara and Vignesh were fully aware of the consequences, as they had earlier requested and waited for issuance of NOC from Dhanush and his production house for many years but still utilized the visuals in their Netflix documentary.
While copyright law protects original works, including audiovisual recordings, this case raises important questions about ownership of BTS content. Whether the right subsists with the original owner of the work who has captured it or if it rests with the producer of the movie. However, it is important for actors, filmmakers, and producers to come into clear agreements regarding use or dissemination of such content. In the 3 second BTS clip there is no actual creativity and cinematographic direction involved; however, the 37-seconds video is the actual part of the movie as it involves the creativity of many copyright holders. The issue is also not about utilizing BTS clips, but is more about use of such clips taken from the movie set. The issue is not about the duration, but about the nature of work that is being used. It is up to the Hon’ble Court to decide whether utilizing a BTS clip constitutes copyright infringement or not.
END NOTE
The actor’s claim stems from a mere 3 second BTS clip featured in the teaser of the now-released documentary dated November 18, 2024. Interestingly, the documentary itself contains a 37 second video clip from the 2015 movie set as well, further complicating the dispute.
As this unfolds, all eyes are on the Hon’ble Court, who has already allowed the application, whether on whose favor they will rule.