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Delhi High Court Rules on Sourav Ganguly's Rights in Film 'Doosra'

The Delhi High Court has ruled that the film 'Doosra' infringes upon the personality and publicity rights of former Indian cricket captain Sourav Ganguly. The court has mandated the filmmakers to include a disclaimer and secure a bank guarantee, emphasizing the close connection between Ganguly's persona and the film's narrative. This decision follows a lawsuit from Ganguly and Luv Films LLP, which holds the rights to create an authorized biographical film about his life. The controversy arose after the film's promotional campaign referenced significant moments from Ganguly's career without his consent. The court's ruling highlights the importance of respecting individual rights in the film industry.
 

Court's Decision on 'Doosra'

On November 6, the Delhi High Court determined that the film Doosra violates the personality and publicity rights of former Indian cricket captain Sourav Ganguly. The court imposed several conditions on the film's producers, including the requirement to display a clear disclaimer and to provide a bank guarantee of Rs 2 crore.


Justice Tejas Karia remarked that Ganguly's identity and the significant events from his cricket career are so intertwined with the film's storyline that it would be impractical to remove those elements at this point.


The court instructed Ramesh Deo Productions Private Limited, the film's producer, to include a disclaimer in both Hindi and English at the start and end of the movie. This disclaimer must explicitly state that Ganguly did not authorize the use of his persona and that the film does not intend to infringe upon his rights.


The filmmakers have been given a two-day window to comply with this directive.


Additionally, the court mandated that the producers submit an unconditional bank guarantee of Rs 2 crore to the High Court Registrar within two weeks.


Justice Karia emphasized that any failure to meet these conditions would prevent the defendants from commercially exploiting the film or any of its components.


This ruling followed a lawsuit filed by Ganguly and Luv Films LLP, which holds the rights to create an authorized biographical film about the former captain's life and career.


The plaintiffs claimed that Doosra exploits recognizable events and characteristics associated with Ganguly without his consent, particularly focusing on his leadership during the historic 2002 NatWest Series final and his iconic shirtless celebration from the Lord's balcony after India's victory.


Ganguly and Luv Films sought to halt the film's theatrical and digital releases, as well as its promotional activities, arguing that Ganguly's identity and memorable moments from his cricket career were being used without permission.


Representatives Gitika Aggarwal, Jaya Goyal, Arjun Aggarwal, Manpreet Kaur, and Mehak represented Ganguly and Luv Films in court, with the lawsuit filed through Neo Juris Advocates & Solicitors.


The lawsuit indicated that Ganguly had signed an agreement with Luv Films on August 5, 2021, granting them exclusive rights to develop and commercially exploit audiovisual content based on his life and cricketing achievements.


Luv Films noted that they had invested significantly in the authorized biographical project, Dada – The Sourav Ganguly Story, which is scheduled for release on May 14, 2027.


The controversy emerged following the launch of the trailer and promotional campaign for Doosra on October 12, which prominently referenced Ganguly's captaincy and India's celebrated victory in the 2002 NatWest Series final, including his memorable shirtless celebration.


Ganguly and Luv Films argued that these references were used to gain commercial advantage from his reputation and public image, potentially misleading audiences into believing that the former cricketer endorsed the film.