It was like one battle after another, and winning this case was like winning an Oscar” – that’s how Sujoy Ghosh describes his decade-long battle in court over the plagiarism accusations against his film Kahaani 2: Durga Rani Singh (2016) . Now, after the case was quashed last month, he is revisiting the ordeal.

At a discussion hosted by the Screenwriters Association in Mumbai, Ghosh recalled the nightmare that the case caused.

Ghosh, who wrote and directed the film, said the complainant had first approached the SWA, which found no connection between the two scripts. He then went to court, allegedly concealing this. Ghosh said he discovered the SWA verdict later after missing the email and submitted it in court, adding that the complainant was a serial litigator.

He shared, “In 2016, we had just released Kahaani 2: Durga Rani Singh, which is the sequel to Kahaani, and Robin da (Robin Bhatt), who was part of the SWA, called me and said, ‘ Arey tune kuch kiya kya?’ I said, ‘What did I do?’ He said, ‘There is a gentleman who is accusing you of copying his script.’ I didn’t take it seriously because I had not. So I said, ‘No, I didn’t,’ and I gave all my details to Robin da.”

He explained, “I didn’t realize it. I didn’t take it seriously because it’s like somebody tells you, ‘you killed that person.’ ‘No, I haven’t!’ Why should I take it seriously? And that was my biggest mistake. And then suddenly, I had a criminal case against me because IP in our country is treated as a criminal case. So if I accuse you of plagiarizing – and that’s a big word – then a criminal case can be filed. Initially, I didn’t take it seriously. It’s like a little snowball that starts gathering momentum. It piles up, grows bigger, and before you realize it – boom! It has hit you. I was like, ‘yeh kya ho raha hai?’ It was one battle after another. It kept growing. The Supreme Court also took a lot of time. And thanks to the court, we got a judgment stating that whenever someone accuses another of copying any work, certain steps must be followed before making such a claim.”

After Kahaani 2 was released, a case of copyright violation was filed against writer-director Sujoy Ghosh. The complainant, Umesh Prasad Mehta, had written a script for the film Sabak. He alleged that Ghosh had copied that script for Kahaani 2. A criminal complaint followed, and a June 7, 2018 summoning order by the Chief Judicial Magistrate triggered a legal battle that lasted nearly a decade.

In March 2026, the SC quashed the copyright infringement case, noting that Ghosh’s script had prior registration and that the complaint was baseless. Ghosh told the SC that the complainant was a serial litigator. He added that the complainant had approached the SWA, which found no similarity between the scripts and cautioned the complainant, but he allegedly concealed this verdict before proceeding with the case. 

Writer Preeti Mamgain, who was hosting the session, and writer Jyoti Kapoor, then convenor of the SWA in Sujoy’s case, explained that regardless of who files a complaint – producer, director or writer – the SWA calls both parties. “We listen to both sides. Jo bhi verdict hota hai, we send it to both parties,” they said.

Mamgain added, “We have had cases where someone went directly to court, and the court sent the script to us.” Sujoy said, “The biggest mistake I made, which I would suggest to all fellow writers, was not taking it seriously. I didn’t give it the seriousness it deserved. There is no point in thinking you are safe because you know you are innocent.”

It has been over a month since the Writers Guild of America (WGA) went on strike, following the breakdown of their negotiations with the Alliance of Motion Picture and Television Producers (AMPTP). The WGA union criticized the studios for not providing fair employment conditions to writers.

On Wednesday, 20 members of the Screenwriters Association (SWA) observed a silent protest outside the Netflix India office in Bandra Kurla Complex, Mumbai to express support for its US counterpart. The development came as a part of the decision taken by the International Affiliation of Writers Guild (IAWG) to mark World Solidarity Day. 

Screenwriter Anjum Rajabali, executive committee member of the SWA, says, “Whenever any guild faces any obstacles, IAWG ensures the rest of us stand by them. This time, it was decided that writers’ guilds across the world, including India, parts of Europe, and Australia will hold a symbolic protest on the same day.”

Besides Rajabali, SWA chief operating officer Suhael Anwar, Shubh Mangal Zyada Saavdhan writer-director Hitesh Kewalya, Mohenjo Daro dialogue writer Priti Mamgain and Comicstaan writer Adhiraj Singh constituted the group.

Rajabali explains that the protest was motivated by the fact that most streaming platforms are members of the AMPTP that was in negotiations with the WGA. “This is not against [a specific streamer]. It is to boost the morale of the WGA members,” he emphasizes.

After Wilson Louis notes how Netflix's Choked seems identical to his short film Choke, Anurag Kashyap calls him to clear the air; director to not pursue legal action
Mohar Basu (MID-DAY; May 25, 2020)

Director Wilson Louis was in for a rude shock last week when he chanced upon the trailer of Anurag Kashyap's upcoming film, Choked. The almost identical titles aside, the Netflix film had a lot in common with the Louis-directed Choke — if the Saiyami Kher starrer revolves around a housewife who finds money flowing out of her kitchen pipe, the 2019 short film starring Seema Biswas tells the story of a BMC officer who hides gold in a choked pipe of his building.

On Friday, Louis, in a terse Facebook post, highlighted the uncanny similarities between the two stories. "Hansal Mehta, whom I have worked with in the past, reached out to me after reading my post. He had seen Anurag's film and was sure it's an original concept. By then, I had contacted Monika Shergill [VP, content, Netflix] who was taken aback by the similarities," shares the director.

Soon after, Kashyap called the filmmaker to discuss the matter. "I never accused Anurag of stealing [my idea]. But, let's admit that we live in an industry where ideas are often passed around. Writers don't feel secure about their material, and creators don't have the integrity to credit the original writers. In such a scenario, you assume the worst in everyone. After the conversation, we agreed that both films have an uncanny resemblance as far as the idea is concerned."

During the chat, Kashyap also informed him that writer Nihit Bhave had registered his script with Screen Writers' Association as early as June 2013. "I am not pressing charges of plagiarism. However, after consulting my team and lawyer, I want to put forth the fact that we created the film first and released its promo a year ago," adds Louis.

On his part, Bhave reiterates he had developed the story in 2013 with Choked as the title. "I have years' worth of correspondence on e-mail as I shared the script with multiple producers. Once Anurag decided to helm it, we developed it together over five years and tweaked it to include demonetization. Wilson and Anurag have agreed that there is no similarity between the two films, apart from the title and [the plot point of] the pipe. Also, since my script was registered four years before his, shouldn't I be the one worrying about similarities?"

FICCI Frames corroborated that Bhave had sold the script of Choked to Phantom Films in 2015 at their event, Frame Your Ideas.

Marathi screenwriters move HC against Shah Rukh-backed Netflix series alleging copyright infringement, claim '10 plot points' similar to their zombie film
Mohar Basu (MID-DAY; May 23, 2020)

No sooner did the trailer of Betaal drop online last week than Marathi screenwriters Sameer Wadekar (right) and Mahesh Gosawi moved the Bombay High Court, alleging that Netflix and Shah Rukh Khan's Red Chillies Entertainment have lifted the plot of their zombie film, Vetaal.

"We had taken our script to several production houses. We hadn't pitched it to Red Chillies Entertainment, so the onus isn't on them, but on the platform that commissioned it. I haven't been able to figure out how [the idea] reached them. I am told the show went on floors in July 2019, a year after my script was registered with the Screen Writers' Association [SWA]. We've registered a complaint with the SWA too," said Wadekar, hours after the hearing on Friday.

While Betaal — written by Patrick Graham and Suhani Kanwar — revolves around a counter-insurgency squad that aims to displace tribals from a village, Wadekar claimed their Marathi feature is centred on an environmentalist who opposes a mining company that tries to drive away the villagers.

Drawing parallels, he said, "There are at least 10 plot points that are similar. We have depicted zombies as descendants of the Vetaal army from Shivaji's era while, in Betaal, they are shown as belonging to the British era. We had written a sequence where the army dances to folk music during a procession. A similar scene is included in their trailer."

Though the Bombay High Court dismissed their petition to put a stay on the show, he has a glimmer of hope. "The court has affirmed that we can seek damages if the plagiarism charges are proved."

Netflix remained unavailable for comment.

Screenwriters Association drafts a standard release form, which will be sent to production houses along with a request for compliance
Ankita Chaurasia (MUMBAI MIRROR; January 15, 2020)

Currently in its 60th year, the Screenwriters Association (SWA) aims to help members decode the confusing legalese that constitutes the first contract they are made to sign when submitting their script to a producer or production house. Termed ‘release form’, the contract binds the writer and producer to “honour the sanctity of a script”, but from their recent experience, SWA lawyers believe the document absolves producers of all legal obligations, leaving its members’ intellectual property vulnerable.

“We analysed release forms from around 15 production houses and found several clauses which are unfair to writers and won’t stand in the court of law,” elaborates Anamika Jha, who handles legal matters for the association. Anjum Rajabali, executive committee member of SWA, explains more simply, “It’s like I ask my neighbour to keep an eye on my house while I’m on vacation and he asks me to sign a note that I can’t sue him for stealing, even if later I see the same things in his house.”

To streamline the process, the writers’ body has now drafted an ideal contract. “It is an unbiased form, which serves the purpose of an initial contract and doesn’t victimise either party. It asks producers to honour confidentiality, respect copyright and do away with redundant clauses,” shares Jha, adding they’ll soon send out letters to all production houses and independent producers, asking for their support.

Vikas Mishra, head of the media sub-committee, points out that new writers usually don’t have bargaining power. If they don’t sign the contract, they lose out on an opportunity and if they do, it hampers their prospects. The idea is to empower them. “If they are dismissive towards our request, we will speak to the CEOs and try to work out a mutually beneficial agreement,” says Anjum, while Vikas adds that they will ask writers to not sign such contracts and also send a notice to those production houses. He, however, admits that there is no way to legally enforce their request since it is only a contract between two parties and the association is not involved in the deal.

Acknowledging that junior writers might be sceptical about letting go of opportunities, Anjum reasons, “Writers need to develop confidence in their script and take a stand. Just like they won’t agree to accept a lower remuneration, they should refuse to sign an unfair contract.”

CHANGES PROPOSED

1 The clause that prohibits writers from laying a claim or litigating if s/he believes that his/her work has been misappropriated, infringed upon or plagiarised by anyone, including a production house, is legally untenable as it violates Section 28 of the Indian Contract Act, 1872, as it asks the writer to waive his/her statutory right to seek legal remedies.

2 The material being submitted to the production house by the writer is in confidence, as it contains his/her intellectual property. The High Courts of Bombay and Delhi, in numerous judgments, have declared and established that such information by nature is proprietary and confidential.

3 There is a redundant indemnity provision in several release letters, which states that the writer shall indemnify the production house if it faces any loss due to infringing content. Such indemnity is unnecessary at this stage, since there is no assignment of rights or monetary dealing involved.

Hiren Kotwani (MUMBAI MIRROR; September 10, 2019)

The Screenwriters Association (SWA) and Cine and Television Artistes Association (CINTAA) are signing a Memorandum of Understanding (MOU) to address and resolve all issues their members face in the line of work. The two organisations felt the need to combat problems common to both after Alok Nath’s refusal to respond to Indian Film and Television Directors Association (IFTDA), following writer-director Vinta Nanda’s allegation of rape in the wake of the #MeToo Movement.

Both SWA and CINTAA are a part of the Federation of Western India Cine Employees (FWICE) but since the Federation is burdened with 22 associations of as many departments, they address member issues independently.

Sushant Singh, general secretary, CINTAA, points out that associations are the backbones of the industry and can work more effectively together. “With a lot of members from both CINTAA and SWA turning producers, there are chances of conflict. The idea is for both associations to form joint committees to address complaints. Together, they will have more power, be respected and feared more.”

Sunil Salgia (right), general secretary, SWA, added that the MOU will address all violations, be it sexual harassment, copyright, payment or breach of contract. “The idea is to fight and take action. The MOU will compel members to attend hearings or else they couldn’t expect cooperation in case of a personal grievance,” he concluded.

Screenwriters Association has formulated a plan to ensure fair remuneration for film writers; Ritesh Sidhwani is the first filmmaker to come on board
Himesh Mankad (MUMBAI MIRROR; June 22, 2019)

With the dialogue around writers’ contribution to films and their remuneration gathering steam, the Screenwriters Association (SWA) has come up with a definitive plan to determine minimum wage (box below). According to the plan, a writer’s pay will depend on the scale of a production. “If there is no script, there is no film, and no job in the industry. It’s the blueprint on which the entire project is based, and therefore there has to be a certain value to the script, which will encourage people to write better,” explains Anjum Rajabali, Senior Activist, Screenwriters Association.

He goes on to point out that the structure will not just facilitate better pay for writers but will also help producers get better scripts. “Today, the industry needs a good script, and to get that you must give incentives to the writers,” he reasons, adding that the association has even found the first filmmaker to adhere to the guidelines—Ritesh Sidhwani, who owns a production house with Farhan Akhtar. “I am grateful that somebody like Ritesh, who makes truly interesting films, has agreed to this. These are minimum rates, which have been decided by the Screenwriters Association.”

Ritesh, meanwhile, wonders aloud why writers are underestimated in the ecosystem. “I am not a writer, but I know it is a demanding job. We already have a system in place wherein writers over the last few years have had the option of entering into a profit-sharing agreement with us. An individual can decide if he/she wants a higher base fee or a lower amount and coupled with two percent shares in the profit. Fukrey writers got around Rs 70 to 80 lakh, as they had a profit sharing agreement with us,” he reveals, adding that he and co-owner Farhan Akhtar were instantly on board with the SWA proposal.

The filmmaker believes that the move will remove the stigma attached to the profession. “This is a reasonably good amount of money and the slabs ensure that after spending five to six months on a script, the writers will be paid a decent amount, which can be taken higher based on merit,” he says Pay scale is not the only issue that SWA is addressing with the guidelines, which has also outlined specific terms that must be mentioned in a writer’s contract to ensure due credit for their work. Story, screenplay, script and dialogue have predominantly been a collective grey area so far, which lacks clear demarcation. To combat this issue, the association has devised a section in the guidelines. “The Minimum Basic Contract guarantees credit for script, screenplay, dialogue and story separately,” Anjum reveals, adding that the new plan also discourages arbitrary termination of contract.

Next up, Ritesh intends to push Producers Guild of India to make the guidelines mandatory to make the writers’ community more secure. “This is a basic criterion that everyone should adhere to,” the filmmaker signs off.

Director Aditya Dhar reveals how he convinced his leading man to deliver it
MUMBAI MIRROR (April 10, 2019)

The line, “How’s the josh?” has become synonymous with Vicky Kaushal’s true-life action drama, Uri: The Surgical Strike with even the prime minister quoting it. However, the film’s debutant director Aditya Dhar reveals that at one point during the shoot, he was about to change the line, following a suggestion from Vicky.

Recalling the incident, Aditya said, “We first used the line during the Myanmar sequence. Two minutes before the camera started rolling, Vicky came up to me and asked me to change the line because somewhere he thought the ‘feel’ wasn’t coming through. I tried explaining that to motivate their team, army commanders use such lines as pep talk and we should give it a try.”

He remembers that the first time their ‘hero’ spoke the line, all 30 members of our team had gooseflesh just hearing it. The 36-year-old director was chatting with veteran screenplay writer Robin Bhatt as part of an initiative by the Screenwriters Association (SWA).

Aditya went on to recount that as a little boy he would visit the Army Club in the capital with his friends and former officers would make the children line up and ask, “How’s the josh?” and they would reply, “High, sir.” Whoever was the loudest and the best, would get a chocolate. “Most of the time I used to win the chocolate,” the filmmaker smiled. The memory stayed with him and when scripting Uri, he wrote it as a dialogue for Vihaan’s character without realising it would become such a hit.

Given that the film has received so much appreciation from the audience and critics alike, has he been approached for a similar film? “Yes, Bollywood functions on what is trending. If a romcom is a hit, dozens of makers will start making one. Ditto for a war film,” he laughed, admitting that when he made Uri, war films were not a commercially successful genre. “But now everyone wants to make films on the Indian army and wars, so I will have to look for something different and start a new trend. When I start writing a story, it will be two-three years ahead of its time,” he added.

Bhatt responded to that saying a writer should think ahead because it takes a minimum of a year to make and release film so it’s important for the subject to be relevant till then and also have recall value long after. “Eventually we have only 10 stories to play with, the freshness in the narrative comes from the perspective and the expression of the storyteller,” explained the award winning screenplay writer of Baazigar, Aashiqui, Omkara to name a few.