The makers of Malayalam reality show 'Malayalee House' sued for copyright infringement

The Endemol group, makers of the popular Hindi reality show 'Big Boss' have sued Sun TV, Vedartha Entertainment Pvt Ltd and other makers of 'Malayalee House' for copyright infringement. The suit has been filed by the Endemol group in the Bombay High Court on the grounds that their copyright on the production format of 'Big Boss' had been infringed upon by the makers of 'Malayalee House'.  Endemol is seeking an injunction against the makers of 'Malayalee House' in order to prevent them from "exploiting, telecasting, 

publicizing or continuing to telecast the reality show 'Malayalee House' " as this would be a violation of Endemol's copyright. Endemol is also seeking damages to the extent of 10 crores from Sun TV. The Times of India reports that one of Endemol's arguments was that Vedartha Entertainment Pvt Ltd. is constituted of two ex-employees of Endemol and that they have unlawfully exploited the confidential information they were privy to earlier.

However, this is not the first time that the judiciary has had to deal with issues of breach of confidentiality and copyright infringement with respect to TV shows. In 2003, the Bombay High Court in Zee Telefilms Ltd v. Sundial Communications Pvt Ltd, adjudicated on an issue where there were similarities between two TV serials. In that case, the court held that there was an infringement of copyright and that the use of confidential information which was given to the defendants, in a competition would result in loss of the plaintiff's business prospect and good will . However, this case involved an issue where the concept of a TV serial was given to the defendant by the plaintiff with the understanding that it was confidential information not to be exploited by the defendant. That is different from the case at hand where the format of an internationally popular reality show, Endemol's 'Big Brother' was used to form a reality show in a regional language. It is unclear whether 'Malayalee House' being such a TV show can be said to be in competition with Endemol's 'Big Boss'. That remains to be seen during the course of the proceedings, which is scheduled to be on August 7.

In the meantime, the makers of 'Big Boss Kannada', which includes the Prism TV Pvt Ltd and the Eenadu Kannada televesion channel, had been directed by a City Civil and Sessions Court in Bangalore to restrain from using in the grand finale of their show films, sound recordings, music and lyrics, the copyright of which is owned by Lahari Recording Company. This order is in the context of a suit filed by Lahari Recording company that one of their copyrighted songs 'Yarivalu' from a Kannada movie, Ramchari was played in the background in one of the episodes of 'Big Boss Kannada'. The Hindu reports that Lahari Recording Company claimed that some of its other copyrighted songs was to be used by 'Big Boss Kannada' in its final episode that was aired last weekend.  In this context, the Additional City Civil and Sessions Judge had granted a temporary injunction against the makers of 'Big Boss Kannada'. Since then, the grand finale of 'Big Boss Kannada' has concluded and its winners have been announced.