This story is from February 07, 2018

‘Shikari Shambu’ makers agree to pay Rs 10 lakh to acquire a copyright license

A day after being taken to Bombay high court, producers of a Malayalam film called ‘Shikari Shambu’ after the popular comic book character that appears in Tinkle, an Amar Chitra Katha publication on Tuesday agreed to pay Rs 10 lakh towards acquiring a copyright license.
‘Shikari Shambu’ makers agree to pay Rs 10 lakh to acquire a copyright license
A day after being taken to Bombay high court, producers of a Malayalam film called ‘Shikari Shambu’ after the popular comic book character that appears in Tinkle, an Amar Chitra Katha publication on Tuesday agreed to pay Rs 10 lakh towards acquiring a copyright license. Amar Chitra Katha, the owner of copyright in ‘Shikari Shambu’ from its comic book Tinkle had moved the Bombay high court on Monday against S K Lawrence, Angel Maria Cinemas from Kochi and three others alleging infringement. The comic book sellers said that despite being in negotiations for a license to use the popular fictional character in a film, the producers went ahead and released a film called ‘Shikari Shambu’ last month. The publishers, owners of the copyright in 'Shikari Shambu' went to HC hunting for their rights and didnt return empty handed.Justice S J Kathawalla who heard the matter had immediately sought the presence of the film producer. Lawrence who his lawyer Sriram Parakkat said was in Kerala yesterday, flew in to Mumbai on Wednesday. The Judge asked them to consider a settlement and the publishers and producers engaged in a discussion outside the court room.
Eventually in court, the producers agreed to pay Rs 10 lakh for using the name ‘Shikari Shambu’ in its film and undertook to not make its remake. They also agreed not to get the film dubbed with the same name in any other language.On Monday after hearing ACK’s counsel Birendra Saraf, Justice Kathawalla had firmly told Parakkat, “Your clients have to be here on Tuesday. Else I will stay the movie.’’ The character Shikari Shambu was created and first appeared in Tinkle in 1983 with its distinctive hat, covering half his face, his moustache and safari suit. His cowardice gets perceived as courage as he emerges a hero in each adventure. The Indian comic character was created by Vasant Halbe and Luis Fernandes for the Tinkle magazine in 1983The suit filed by ACK through advocate Avesh Kayser and Rashmin Khandekar, had sought to stop use of the name ‘Shikari Shambu’ in the film. Saraf contended that last October meetings were held for a license agreement and the comic book sellers were told that the movie was to be released in March 2018. “On January 18 too we had a meeting and gave a draft licensing agreement which they wrote back in response to the next day but went ahead and released the film on January 20. The very fact that they were negotiating shows they had to take a license before using the character,’’ said Saraf. He added, “We had asked for Rs 10 lakh, they said Rs 5 lakh.’’Parakkat, a Delhi-based lawyer, had on Monday tried to argue on merits but had been asked by the court why negotiations were on even after getting a censor certificate. The Judge had asked the film produces to come with a cheque book. They did. And both sides, left the court eventually after 6.30 pm as the court was in session till then, feeling relieved, a la Shikari Shambu.
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About the Author
Swati Deshpande

Swati Deshpande is Senior editor at The Times of India, Mumbai, where she has been covering courts for over a decade. She is passionate about law and works towards enlightening people about their statutory, legal and fundamental rights. She makes it her job to decipher for the public the truth, be it in an intricate civil dispute or in a gruesome criminal case.

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