The Mumbai High Court has ordered the Mumbai police to register a criminal case for alleged copyright violation, forgery and cheating against Vinta Nanda and Mohanjit Singh on the basis of a complaint lodged by Uday Watsa.

Nanda's debut directorial venture, White Noise, is a semi-autobiographical English language film, which she co-produced along with Singh and Watsa. A dispute arose between Nanda and Singh on one side and Watsa on the other. Watsa filed a complaint for forgery and cheating with the local police and filed a criminal complaint for infringement of copyright with a metropolitan magistrate. The complaint alleged that Nanda and Singh had illegally transferred copyright in the film to their own companies, infringing copyright subsisting in the film.

Due to the inaction of both the police and the magistrate, Watsa approached the High Court to request that the requisite directions be issued to the police and metropolitan magistrate.

As per the Indian Copyright Act 1957, copyright exists in original literary, dramatic, musical and artistic works, cinematographic films and sound recordings. The term of copyright for both films and sound recordings is 60 years from the beginning of the calendar year following the year in which the film or recording is released.

On Watsa's application, the High Court directed the police to register a criminal case against Nanda and Singh for alleged copyright violation, forgery and cheating. The judge also expressed concern and demanded an explanation over the alleged inaction of the metropolitan magistrate.

Although Nanda and Singh have been allowed to release the film on certain conditions, they have been directed to deposit Rs4 million with the High Court and to provide Watsa with detailed accounts for the film. The outcomes of the police investigation and the final hearing of the case are eagerly awaited. There is a long-standing need for efficient prosecution of IP complaints and the High Court's intervention, specifically with respect to inaction on the part of law enforcement and criminal courts, is a welcome move.

Prerak Hora and Vivek Kathpalia, Nishith Desai Associates, Mumbai.