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Pamasis wins Bom HC release of Sarkar 3 after court rules the movie a ‘sequel’ not a ‘remake’ in rights dispute [READ ORDER]

Pamasis Law Chambers won for the producers of Hindi movie Sarkar 3 in the Bombay high court under Justice Gautam Patel, who ruled against granting an injunction over the movie’s release.

Pamasis partner Sameer Jain and associates Angad Sandhu and Anu Sura acted for the producers Alumbra Entertainment and Media and for Wave Cinemas.

Abdi & Co partner Ahmad Abdi acted for the plaintiff Narendra Hirawant.

Naik Naik & Co partner Ravi Suryawanshi and associate Arpit Choudhary acted for co-defendants Z Pictures.

KR Tiwary & Co acted for Sarkar 3 director Ram Gopal Verma’s company RGV Film Production Company.

Advocates Akshay Patil and RM Azim acted for Sarkar 3 distributor Eros International Distribution.

Jain told us that Hirawant, who had purchased the commercial exploitation rights (so-called “world negative rights") as well as the remake rights for Sarkar 3, from Z Pictures had asked for an injunction on the release of the film on the grounds of copyright infringement by its producers Alumbra. Alumbra maintained that Sarkar 3 was not a remake but a sequel of Z Pictures’ Sarkar Raj, and that Hirawant’s contract covers the film’s remake and not its sequel.

Generally, a remake of a film is a stagnant adaptation of the film where the film’s base story’s plot and characters remain the same, but there is a progression in time. The sequel of a film is where due to the progression in time, the plot and characters change.

Z Pictures’ Sarkar Raj was a sequel of K Sera Sera’s Sarkar (the sequel rights to Sarkar were bought from K Sera Sera by Z), and, as the court agreed, Sarkar 3 is a sequel of Sarkar Raj.

Sarkar 3 Bombay HC order (PDF)

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