Accused of plagiarism by Archie Comic Publications Inc, the makers of Bollywood film Boyss Toh Boyss Hain are trying to get the publication house to pay up instead.
The New York based Archie Comic has claimed Rs8 crore in damages from the filmmakers for copyright and trademark infringement.
“We have proposed a brand integration of Archie Comic in our film. This way they will get some more publicity in India and we will benefit by not having to pay them damages for the so-called violation of intellectual property,” said Vikramaditya Narayan, the marketing director of the film.
Boyss Toh Boyss Hain, directed by Amit Chauhan, had fallen into trouble with the New York based publication house after the lead actors said in media interviews that the film has the look and feel of an Archie Comic.
“The movie may have elements from the famous comic series but it is not plagiarism,” insisted the film’s co-producer Chaitannyaswami.
Meanwhile, Narayan is hoping that the publication house will agree to pay the producers for the brand promotion instead of seeking crore in damages for the copyright violation. “We have been talking to them and it looks as if their stand on the issue is softening. Finally, if they agree to meet us half way and integrate their product in our film, they will have to pay us for promoting their brand through a Bollywood venture,” he added.
However, Archie Comic does not seem to be in the mood for reconciliation this easily especially if it means having to dig into their own pockets for letting someone else exploit their brand.
The publication house’s legal counsel in India said that representatives of Archie Comic will come to Mumbai from New York next month. They will see the film to confirm if there is any resemblance between the story line and the characters of the comic book and the movie. A final decision on how to solve the dispute will be taken then.
“Unauthorised use of intellectual and copyrighted properties is not permitted. However, our clients are willing to sit across with the producers and let them proceed with their film in a legal way. For this, the makers Boyss Toh Boyss Hain will have to pay licensing fees to Archie Comic,” the publication house’s lawyer Jyotideep Kaur said.
