Shocking Details - Is Thandavam Script Stolen?

PUBLISHED DATE : 30/Sep/2012

Shocking Details - Is Thandavam Script Stolen?

MovieCrow's Exclusive Report on Thaandavam

Editorial Report


UTV's Thaandavam versus Assistant Director Ponnusamy problem has been rattling the film industry during the last month. We tried to dig into the issue and gather facts (source: Chennai High Court Judgments) on exactly what happened. MovieCrow would like to present the findings (without our subjective opinions) so you can see the blow-by-blow account of what exactly had happened? 

 

 - New  section updates made on Oct 3rd, 2012 with evidence collected from the side of UTV Dhananjeyan, AL Vijay and Vikram are shown under Thaandavam Logo in the below article.

 

Similarities between Thaandavam and Assistant Director's script


Synopsis of Ponnusamy's script shows "the protagonist plays a dual role (a blind and a doctor psychiatrist) and it is an action thriller. Its a a story of a blind battling against his past life to avenge his almost impossible revenge over a powerful and intellectual villain. The script is also woven with lot of suspense, where the hero (the blind) is projected as if he is trying to eliminate his look-a-like character (the psychiatrist) when he finds out that his look-a-like is a part of the villain group". Major similarities including that in the story as per Ponnusamy are,

  • In the script written by Asst. Director, the role played by one Ram, a girl by name Stella was helping him to take a revenge, but in the film Thandavam of Vikram, Lakshmi Roy was helping him. 
  • In the original, the blind Ram in order to escape from the police ran along with his girl friend in a bike, but in the film Thandavam, the blind Vikram in order to escape from the police ran along with Lakshmi Roy by driving a car. 
  • In the original script, for the blind Ram, one blind Military officer gave all training, but in the film Thandavam, for the blind Vikram, one true blind person (Daniel Kish) gave training. 
  • In the original script, it was found by the police officer Murugan that the death was not suicide, but only murder. In the film Thandavam also, it was found by the police officer Nasar that it was only a murder and not a suicide. 
  • In the original script, without knowing, Nixon Yugisethu was helping the blind Ram for taking revenge. But in the film Thandavam, the comedian Santhanam was helping the blind Vikram without knowing. 
  • Other detailed comparisons not included for the sake of brevity.

 

[2009 - 2011] Background - Ponnusamy scripts "Vikramadityan" 


Assistant Director Ponnusamy hails from a village from the southern District and had completed Diploma from Palani and a degree from Anna University. He had worked as a co-Director in movies such as Mozhi, Abhiyum Naanum and Payanam.  Ponnuswamy wrote a script for over two years titled 'Vikramadityan'. The said story revolved around a visually challenged person who is battling against his past life to take revenge for the murder of his lover / fiancee. The story was woven with suspense with all elements of a look-a-like character of the protagonist rubbing shoulders with the villain. 


[5 March. 2011] AL Vijay narrates the script to Vikram and Nirav Shah   


During the shooting of Deivathirumagal, Director A.L. Vijay narrates the story (of Thaandavam) to Vikram, which is liked by him and Nirav Shah, the Director of Photography. Nirav gives the lead of Daniel Kish through Jayashree Raveendran of Ability Foundation. Both Vikram and Nirav have given an affidavit to this fact in the court.

 

[15 June, 2011] AL Vijay narrates the plot of Thaandavam to UTV Dhanajeyan  


AL Vijay narrates the plot of Thaandavam to Dhananjeyan, which he likes and recommends to UTV heads in Mumbai. The UTV heads like the plot and advise Vijay to come with a detailed narration soon.

 

[17 June.2011] Ponnusamy contacts Vikram 


Ponnusamy approached actor Vikram and had expressed his intention to make a movie with the script 'Vikramadityan'. He was asked to send his resume along with a synopsis of the script to chiyaan8@gmail.com. He had sent an email to Vikram containing the synopsis of the script with a short note on his previous assignments along with his resume.

 

 

<<Discrepancy>> - Ponnusamy claimed that after a couple of days, he was informed that the actor was not interested in the project / script since he had already done a move 'Kasi' in a role of a visually challenged person. However, The mail ID to which Ponnuchamy sent the synopsis never responded and Vikram in the court said that no one from his office spoke to Ponnusamy about their interest or non-interest in doing the film. Apparently, Ponnuchamy did not produce any evidence of his discussion with Vikram or his assistants. 

 

[5 July.2011] Ponnusamy narrates "Vikramadityan" script to UTV Consultant


Ponnusamy had narrated the entire script of story 'Vikramadityan' to UTV's in-house consultant Ms.Ramya as per Dhananjeyan's instructions. After listening the story and script, Ramya told him that the script was satisfactory and she would narrate the entire story to Dhananjeyan. If he is interested, he may want him to read the entire script. Subsequently, she had informed that Dhananjeyan was interested and asked for the original detailed script.

Note: Ponnusamy did not narrate the script to Dhananjeyan or given the script to him personally at any time. He was dealing only with Ms. Ramya, who was a creative consultant then with UTV (she left the job on 31/3/2012)


[9-July-2011]  AL Vijay narrates his script to UTV Heads & Dir. Chimbu Devan   


A.L. Vijay travels to Mumbai with Dhananjayan and narrates the script for an hour with Ronnie Screwvala and Siddharth Roy Kapur. On the same day, Director Chimbu Devan was also traveling with AL Vijay to Mumbai to narrate his script to UTV bosses for a film with Dhanush. Vijay narrated his script to Chimbu Devan during the flight, which has been confirmed by Chimbu Devan to the Directors’ Association, when they enquired (AL Vijay and Chimbu Devan submitted the travel documents as proof). UTV Bosses at Mumbai approve the script of Vijay and advise Dhananjayan to finalize the budget with Vijay and move forward to sign the agreement.


[4 Aug.2011] Ponnusamy submits the 200-page "Vikramadityan" script to Dhananjeyan 


Assistant Director had submitted the original detailed bound story and script to Mr.Dhananjeyan on running into more than 200 pages. Meanwhile, the Assistant Director also sent the original script by email to his mentor and guru Mr.Nikhilason for inputs and comments.

 

[17 Aug.2011 - 19 Aug. 2011] AL Vijay reaches out to Daniel Kish and gets response  


Jayshree Raveendran of Ability Foundation writes to Daniel Kish introducing A.L. Vijay and his proposed film. On 18th of Aug., Daniel Kish responds to the mail and confirms his interest to associate with the project. On 19th of Aug., based on this confirmation, Director Vijay writes to Daniel Kish outlining the Thaandavam script with the following synopsis and details. On the same day, Director Vijay and Dhananjeyan finalize the budget for the project and the shooting plan in USA (which later got shifted to UK due to Visa issues). Dhananjeyan sends a formal mail with the budget break up confirmation and tax subsidy details. On 20th of August, Daniel Kish confirms the receipt of the mail and his association with the project. 

 

 

[5 Sept.2011] UTV turns down Assistant Director's script  


Dhananjeyan had asked the applicant to come to their office for his decision on the script. Dhananjayan met Ponnuchamy and informed him the following, which is confirmed by Ponnusamy in writing in his complaint to the Director's association (letter dated 10-8-2012)

  1. Dhananjayan did not like the story and screenplay of Ponnuchamy first.
  2. Further, Dhananjayan already heard a script from a leading Director 3 MONTHS BACK with the base line of a “blind man taking revenge for the wrongs done to him”, which is going to be done with a leading actor to be produced by a leading company.
  3. Dhananjayan informed Ponnuchamy clearly that as “he has already heard a script” with the theme of a blind man taking revenge, he cannot consider his script, which also has a blind man as the protagonist.
  4. Dhananjayan did not inform the plan of UTV producing that film as he did not want the story line of Vikram-Vijay’s proposed film to be leaked out through Ponnuchamy to the media.
  5. Hence, Dhananjayan informed Ponnuchamy of the proposed film to be produced by one of the leading producers and advised him not to proceed with the idea as the film shall be certainly made.
  6. When Ponnusamy kept requesting to consider his script, Dhananjeyan replied that if he makes the movie with Ponnusamy, the Film maker(AL Vijay) who narrated the script to Dhananjeyan 3 months back would state that Dhananjeyan had taken their story and making it as their film and it is unethical to do (quoted in the judgment also) and hence stated clearly that he cannot consider Ponnuchamy’s script.
  7. Ponnuchamy did not insist further and left the office with his script. Since then there was no contact with him until 31/8/2012.


[12 Sept.2011] UTV and AL Vijay enters into an agreement and registers title


UTV and AL Vijay entered into a Writer-Director agreement. UTV agreed on cost of production as Rs. 30 Crores. Director AL Vijay confirmed to media that Vikram is playing a police officer in his forthcoming film to be produced by UTV Motion Pictures. The movie will be mostly shot abroad, especially the United States. Anushka and Amy Jackson were announced as heroines. The title of the film 'Thandavam' was transferred/registered under Mr.Ronnie Screwvala of UTV with the Tamil Nadu Film Producers Council as of 13.Sept.2011.


[6 Nov.2011] UTV formally announces 'Thaandavam'


UTV announced the title "Thaandavam" with complete details of current cast and crew. The shooting begins in December 2011.


[March.2012] AL Vijay registers the synopsis of Thaandavam


AL Vijay registers the Synopsis of Thaandavam script with the South Indian Film Writers Association. On March 29, AL Vijay submits the final script and registers it with Director Writer Association.


[31 July.2012] Thaandavam Shooting Completed and Trailer Released


Thaandavam shooting completed on July 1st. and on UTV released the trailer Of "Thandavam". On seeing the trailer, Ponnusamy suspected that UTV and AL Vijay had copied the script of Vikramadityan illegally and made the film Thandavam. Immediately, the Asst. Director Ponnusamy had contacted Dhananjeyan as well as Ms. Ramya from his mobile number and expressed his doubt openly. 

 

[03 Aug.2012] UTV Dhananjeyan meets the Assistant Director to discuss copyright concerns 


Dhananjeyan finally agreed to meet the Assistant Director in the office in the presence of Ms.Ramya. In the meeting, Ponnusamy felt that they had illegally copied the contents of the applicant script as UTV members had admitted that the script of the movie Thandavam was similar to the applicant's script. But they had attempted to brush aside his complaint stating that they did not copy his script. The Assistant Director was pained at the loss of all his labour spent over a period of three years in the preparation of the script. 

 

[05 Aug.2012] Ponnusamy meets AL Vijay to discuss Copyright issues


The Assistant Director also met the Director of the film, A.L.Vijay, in his office to discuss the issue of copyright infringement. The conversation with AL Vijay also confirmed his fear that his literary work was copied.

 

[10 Aug.2012] Assistant Director files a complaint at the Director's Association


Assistant Director files a complaint at the Tamil Nadu Film Director's Association regarding the infringement of his literary work. The association had nominated a committee of five members headed by Director Ameer to study the original script of the applicant titled "Vikramadityan" and the script of the film "Thandavam". The committee had found that there was substantial material similarity in the scripts and asks for screening.  

 

[10 Sept.2012] Directors Association notes striking similarities


The committee headed by Ameer viewed the film along with the Assistant Director. The version of the film shown to the committee was on double positive, uncensored and due for adding sound track. The committee found striking similarities between the two scripts and had sought for an explanation from UTV and AL Vijay.

 

UTV and AL Vijay had admitted that they had received a synopsis of the applicant's script and that they had in possession the full script for one month. The committee asked AL Vijay to produce the source of the script of Thandavam and also the proof of delivering it to Dhananjeyan prior to the date of narration of the Vikramadityan script by the applicant on 5.7.2011. they failed to produce any document. 

 

[14 Sept.2012] Directors Association submits its findings 


The committee by its report dated held that the script was copied either by Dhananjeyan directly when they had possession of the script or indirectly during discussion of the story. The committee gave its finding setting out similarities of characters, sequences, situations and scenes between the script of "Vikramadityan" produced by the Assistant Director and the movie Thandavam in its report.

 

These findings were submitted on Director's association letterhead which Director Ameer later claimed that the letterheads were misused and hence should be considered invalid since it was not formally endorsed.


[21 Sept.2012] Thaandavam clears Censors and announces release date


Thaandavam gets the "U" film certificate from the censor board. Despite the complaint to the association, UTV announced the release date of the film and made preparations to release in heightened speed.

 

[21 Sept.2012] Assistant Director files a legal complaint against UTV


Directors Association wrote a letter to the Assistant Director Ponnusamy stating that they enquired into the complaint and heard both sides. The association gave some ideas for resolution of the dispute. Since both sides did not agree, both parties were advised to go for a legal settlement. Ponnusamy files a legal complaint against UTV listing the roles of AL Vijay, Vikram and other involved parties.

 

Thaandavam Team's Response to Complaints 

[22 Sept.2012] UTV Dhananjeyan files Counter Affidavit   


Dhananjeyan had stated that Ponnusamy had made reckless allegations which are contradictory with no specific date was disclosed. Initially, Ponnusamy had stated about two years of toil, which subsequently became three years. The Assistant Director had started making allegations that his script was infringed without registering the script with the Film Writers Association. Thereafter, after finding about the highlights of Thaandavam, he then put together the script to show similarities as set out in Assistant Director's complaint. There was no justification in the applicant not registering his script and not giving a copy of the script to UTV Dhananjeyan. When Ponnusamy shared his concept with the Dhananjeyan, the latter had specifically informed the Assistant Director that he had already heard of a similar story with a blind protagonist to be produced by a leading production house. The applicant kept this information and picked up other pieces of information to create a script and then test the similarities before the Director's Association knowing that if he had approached the court at that stage, he would have faced the ignominy of a rejection of his relief. 

 

[22 Sept.2012] Actor Vikram files Counter Affidavit against Ponnusamy 


Vikram, the hero of the film, filed a counter affidavit to state that on 5.March.2011, he heard the story from AL Vijay regarding the script of Thandavam and that he doesn't have an email id chiyaan8@gmail.com. He also did not receive any other materials from the Assistant Director Ponnusamy. Vikram further said that Ponnusamy never approached him with an intention of making a movie of the script Vikramadityan. He never communicated to the applicant that he is not interested in the script as he had already done a role of a visually impaired person on the movie Kasi.

 

[22 Sept.2012] Cameraman Nirav Shah files another counter affidavit against Asst. Director


Nirav Shah files another Counter affidavit to state that the story of Thandavam was heard by him on 5.March.2011 along with Vikram. During the narration, he gave a reference of Daniel Kish, who has mastered the technique of Echo Location and has been training the visually impaired world over to lead a normal life. 

 

[23 Sept.2012] Director Ameer reports invalid finding submission to Director Vijay 


Director Ameer had given two letters to Director Vijay which clarified that the report submitted in the court by 6 members is not an official document as it was NOT signed by the Secretary of the Directors’ Association.

 

High Court Judgement

[26 Sept.2012] Court Judgment goes against Ponnusamy 


Court noted some contradictory points and dismissed the case. Some of them provided below,

  • Applicant had handed over the script to the respondents on his own, it is not the case of theft by the respondents.
  • Assistant Director's allegation that he had sent an email, dated 17.6.2011, but the email was sent to an unknown email id chiyaan8@gmail.com, claiming to be owned by the actor Vikram K. Vinod, who is playing the protagonist in the film Thandavam. It was stated that the official email id is vikramkvinod@gmail.com. The email id mentioned by the applicant is not that of the actor Vikram.
  • UTV had already spent over Rs.30 crores for the production of the film since 30.11.2011 and taken huge consideration from third parties and having signed contracts with distributors / multiplexes in India and worldwide. 
  • Even though this issue was in public domain and he did not approach the court. Applicant having waited for a long month, had approached this court only now and that he is also guilty of laches. 
  • Assistant Director had not formally registered any script with the Film Writers Association till date.
  • Directors' Association cannot be the final body to decide the issue of copyright infringement.  There is nothing wrong in the respondents taking the film with the same idea showing protagonist blind man taking revenge, which cannot be the copyrighted theme of the applicant. 


Final Court Ruling - After careful consideration of the respective contentions and the legal authorities produced, this court is of the view that it is not a fit case where injunction can be granted. Merely because the story of the respondents having similarities which will not automatically result in believing the applicant's assertion. In view of the above, a regular trial has to be done in this case. In case the applicant succeeds, he can always seek for quantified damages for the alleged loss of infringement. In the light of the above, this court is not inclined to grant an injunction. Hence the O.A.No.790 of 2012 will stand dismissed. No costs. 

 

[Sept 27, 2012] Ameer resigns from his leader position in Director Association 


Some Director Association members suspect foul play and demands resignation from Director Ameer for not able to bring justice to Ponnusamy. Director Association is perceived as failing in its duty to fight on behalf of the struggling Assistant Director who couldn't fight for himself. 

 

Director Ameer issued a press statement that "Six members of the Association have wrongly used the letterpad of the Directors’ Association to give a report directly to Ponnuchamy and not to the Secretary Director Ameer or to Director Vijay." and that the letter issued was not formally endorsed by Directors’ Association and hence not valid.

 

[28 Sept. 2012] Thaandavam Released big on originally planned date


Thaandavam releases worldwide at record number of screens to mixed reviews.

 

Read our Verdict/Opinion regarding the Thaandavam Issue published on October 4, 2012

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