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Earlier this week, scriptwriter Jyoti Kapoor won a landmark case of copyright violation and breach of confidence against Bollywood director Kunal Kohli after eight months of legal tussle. The Supreme Court ordered Kunal Kohli to pay Kapoor Rs 25 lakh as compensation and give her credit for ‘story/idea’. Juhi Chaturvedi, scriptwriter of Bollywood hits such as Vicky Donor and Piku, speaks to Ritika Bhatia on what the judgment bodes for writers’ creative rights in a film industry ruled by producers and superstars. Edited excerpts:
Your thoughts on the case?
If you have been at the receiving end of a situation like Jyoti Kapoor had been, and for the courts to come out in favour of you -- it is a great thing. It’s commendable for her to have actually fought this case the whole way through. Most writers would probably give up as the court proceedings take time and it is an arduous and draining procedure. This is a very precarious predicament, how should one go about saving their idea? If a writer goes with his or her idea or script to a producer in full faith, how do you know the other person has a similar value construct? It is a very tricky business. Ideas are abstract things, anybody can lay claim to them, only the two people involved know the absolute truth – it is a very grey area.
How do you think the film industry treats its creative pool, especially writers?
My experience has been limited and I have only worked with Shoojit [Sircar, director of Piku, Madras Café and Vicky Donor] so what I say about industry insiders will be based on hearsay and not direct experience. But of course I have heard of copyright issues and ideas being stolen, and maybe that is what makes me so cautious about who I work with. You must guard your ideas strongly but then good work comes out only when an exchange of ideas is facilitated -- so there needs to be a balance that writers must strike between the two.
"A friend who had given up on a copyright case half-way through called to say he was reopening the case," Jyoti has said. Do you think this judgement will encourage writers to fight for their rights?
Absolutely. To give up halfway is only natural given the fact that anything to do with courts and judiciary takes a long time. Kudos to Kapoor for retaining the strength to fight it out, this is a great example for other writers to fight for what’s rightfully theirs. There is a lot of emotional and intellectual investment a writer makes in a script. A film may be shot in 60 days but a good script is written over an average of one to two years -- even your personal life goes into it. It is really like giving birth to a child, you may sign a contract and cut the umbilical cord but the connection is still there – and that is what needs to be fought for.
Jyoti has also mentioned how people in the industry advised her to drop the case so it doesn't affect her writing career. Is there a real threat of being blacklisted?
It isn't easy if there is a writer who is virtually unknown and is fighting against a director or a producer who has a sizable clout and following. But everybody in the pond is not a dirty fish. I have also heard of writers making a false claim... so one can not and should not generalise. In situations like these, it is wise to observe the kind of producer/director you are approaching. Producers and directors too should use their own judgement, if it is quality content then something like this shouldn’t stop them for producing the writer’s script -- as it just makes good business sense.
What safeguards exist for a writer today? What more can be done?
People like Anjum Rajabali have been doing great work in this field, and writers are much better protected now than they were a decade ago. The Film Writer’s Association (FWA) has been actively renewing contracts and backing writers. So the important thing is to register your idea, story or script with the FWA, so that you have someone speaking out on your behalf. And the courts are always there, as Kapoor's case has proved.
In the industry, what I’ve noticed is that the producers and directors’ networks are really strong but the writer community is still a little scattered. The writer community must come together and network more often, and fight against copyright violations together.
