NAVODAYA STUDIO

REPLY

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Nisar A.  B.A., LL.B.                                                                                                         

Beena M.  B.A.L., LL.B  ADVOCATES                                                                                                             

Aneebs, House # 67, Kaithavaram Nagar

Kankathumukku, Kollam – 691012  Mob: 9446112145, 9961920640

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REGISTERED WITH AD

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To 

Vizzi George. Advocate,

Marks and Rights, Advocates and Attorneys

42/2421, Thalliayathu Building, St Benedict Road,

Kochi, Kerala - 682018

 I am instructed by my client Mr. Jijo Punnoose, s/o M.C. Punnoose, residing at Navodaya Studio, Thengode P.O, Kakkanad, Ernakulam from 20, Palattu Sankaran Road,Mahalingapuram Chennai to issue this reply notice for your notice dated 24/7/2024 as follows:- 

1. At the outset, I may inform you that my client does not know your client as a writer, editor or translator by profession as alleged in your notice. My client has never heard about your client’s book “Maya” till my client received your notice. On receipt of the notice on doing a web-search on topic ‘De Gama’s Treasure’ my client could come across thousands of strikes that fit the subject. But none that say about this Mr. George or novel ‘Maya’. On repeated search with the term ‘Kappiri myth’, hundreds of webpages that came up had quite a few articles based on the said subject, hundreds of academic studies on the topic, research papers on the myth but nothing on Mr. George or his novel. My client then searched many variations of the said terms including the word 'novel', also searched specifically with the term ‘Thundiparambil & novel Maya’. On such searches there came up citations and webpages on other novels including the famous one by Ponjikkara Raphy, one by Sandra Fernandez, etc. There were countless academic papers and quite a few quotes by historians – for instance Bernard Master, but nothing on Thundiparambil or Maya. Finally, there my client  saw a single line quoted in the webpage https://www.thenewsminute.com/features/african-slaves-and-spirit-kappiri-muthappan-kochis-culture-under-portuguese-dutch-rule-44881 by journalist Haritha J John wherein in a single line it is stated that

“In George Thundiparambil’s English novel  Maya, a kappiri or slave of African origin is the protagonist who narrates a 500-year history to a girl he meets at Fort Kochi in contemporary Kerala”.

But it is interesting to note that my client also made enquiries in the eminent book stalls, online  sites and even E- books to purchase or to read your client’s alleged book “Maya”. Your client had indeed written a novel ‘Maya’ (2008), the book so insignificant that it has been left unmentioned anywhere. Further about the stated privileges associated with the book’s release, I am informed that even that release did not enlighten the public about the existence of the book. 

2. In respect of the allegation in para 2 in page 2 of the notice, in the next paragraph it is specifically admitted that the Kappiri Myth and the idea of this character guarding the treasure and waiting for right heir or heiress is in the public domain and it is not copyright protected. My client does not know whether your client developed anything based on any myth as alleged. However your contention that the treatment and expression of the mythical idea is unique to Maya and is bestowed with creative skills and is copyright protected and forms the basis on which the story proceeds is not correct and hence denied. It is settled law that there can be no copyright in an idea, subject matter, themes, plots, or legendary facts which has already been written, displayed by other famous authors before your alleged book, hence your client cannot claim any uniqueness in the alleged book. It can be seen that from the advent of English novels in the 16th century, a child meeting an elderly ghost is an oft-repeated theme. The works of Oscar Wilde (1887), Ben Stahl (1965), Mary Hahn (1986), Manoj Shyamalan (1999), Sudhanshu Dube (2008) and Hanna Alkaf (2020) are the most prominent ones where a child befriends an elderly ghost - three among them depicting a teenage girl. Even Oscar Wilde, if he were today, would not claim copyright on the others just because the plots in every one that was written after his, in this particular aspect, resembles his original. Hence the uniqueness alleged by your client in his Novel “Maya” is not copyright protected. 

3. In respect of allegation of the publishing and circulation of your client’s book in Kochi or major cities in India, as stated earlier my client made enquiries and not even a single book stall in Kochi is aware of such a novel or about the author. My client has no knowledge of the purported incident your client has had with one Mr. Anil Dayanand handing over the novel ‘Maya’ to Mr.Rajeevkumar - an associate of my client for a few projects other than this, as claimed. My client Jijo has never heard of Anil Dayanand either from Rajeevkumar or from anybody else. No book has been handed over to my client.

4. In respect of allegation in para 3 about the Wikipedia search, I am informing you that my client is a reputed Director, Writer, authority in 3D Moviemaking and his Movie My Dear Kuttichathan 3D (1984) is considered as one of the best 3D films made, and by God's Grace the movie has achieved an iconic status in the last 4 decades. He is always in search of making films like Kuttichathan with children’s theme. It was one such sparks in the year 2003 that revived the Portuguese-Afro-Asian Myth (kept shelved from 1982) as noted in the preface of the novel Barroz, Guardian of D’Gama’s Treasure. My client has written the novel not for any public sale but for the passion of making good films which is equally enjoyable for adults and for the children. As stated in the preface of the book, "the Portuguese-Afro-Indian Myth outlined here was just one among the many that were set aside when selecting the Kuttichathan Myth to narrate a children's fantasy. My client did revisit the subject in 2003 when my client and Jude Attippetty was walking along Fort Kochi waterfront. Jude Attippetty pointed out a fascinating sight to my client. Some distance from the boat jetty, there was a man sitting atop a bollard. That was when it occurred to my client that it could be that ghost guarding his master's treasure in the Portuguese-Afro-Indian myth, as seen by an adolescent girl. My client wrote the story and circulated it among a few friends through email. At that time, Kochi was in the excitement of the Global Investor's Meet 2003. Accordingly my client placed the story in Goa during a casino investors' meet, the casino is to come up at the very spot where the ghost was guarding the buried treasure. Friends pointed out the similarity of the new story with that of my client’s earlier film My Dear Kuttichathan 3D , the fact that both are about a girl child befriending a treasure guarding spirit. But the child in the Kuttichatan myth had become an adolescent now in the Portuguese-Afro-Indian myth". 

5. From the year 2003, starting with Jude Attippetty (Program Controller - Amrita TV/ Manorama TV), other creative minds viz; Geo Kuttappan (Producer),  Shaji N Karun (Cinematographer, Director), Sureshkanthan (Fairground Conceiver), Pratap Pothen (Actor, Director), Prof. Josy Joseph (Scholar in Malayalam language & Media Studies), K. Sheker (Art Director), Ashwini Kaul (Cinematographer), Prakash Moorthy (Animator, tutor - NID), RK (Illustrator), Rajesh Abraham (Director), A.M. Nazeer (TV Serial Director), Jensen Zacharia (Program Director - Shalom TV), Shelton Pinheiro (Creative Director - STARK), Althaf Hussein (AD), Karun Josy (AD) with occasional written suggestions had contributed to the story, as new ideas came upon them. Most of these people were closely associated with my client for decades. As noted in the blog https://www.navodayastudio.com/film-barroz-malayalam-version , the conversation, communications and discussions between the author and his colleagues that occurred sporadically, was written down as a novel in 2017 and got published in 2018 when the prospect of making a film on the subject emerged. As noted in the blog, it was at the insistence of Producer Swapna David the novel was printed. Meant as a viable conduit to International Studios for a Global Production in English and Hispanic languages done in India, the printed novel was sent out along with the project proposal to film investors in U.K and L.A and also to rope in a famous actor - Will Smith/ Morgan Freeman/ Eddie Murphy/ Denzel Washington or Idris Elba to play the lead role. This should be considered as the Production Design of the film Barroz, Guardian of D’Gama’s Treasure. The Production Design has been outlined in webpage https://www.navodayastudio.com/film-barroz-proposed-english-version 

6. As noted in the blog, resource personnel were approached to help with the story. One of them was Dr. C.J. John (renowned Psychiatrist, Media Advisor) known to my client from the year 1999 in conferences for propagating among youngsters the noble concept of ‘value-based-filmmaking’. He helped my client to develop the personality and character traits of the girl child befriending the ghost. The other is Dr. Edward A Edezhath, Professor in English at St. Alberts and an authority on the said myth, now residing in California, who from year 2000 till year 2009 was an associate of my client in the organization JesusYouth International, HQ Kochi, to propagate among talented youngsters the ideal of ‘moral-filmmaking’. Subsequently, Story Doctors were also contacted by my client to prepare a screen narrative befitting an International film. John Paul (Renowned veteran script writer), and Suraj Varma (Script writing academician & tutor) wrote out corrections to my client for the story narrative. 

7. As noted in the webpage https://www.navodayastudio.com/film-barroz-proposed-english-version, a script was developed out of the published novel. It had variations from the novel. The screen narrative’s variations, the changes and the thought processes of how the variations came to be have been detailed in  blog https://www.navodayastudio.com/film-barroz-malayalam-version

8. Also outlined in the blog is the dynamics of how, in mid-2018 a Malayalam language version (with the Negroid ghost getting changed to a Malabari ghost) was made  for Mohanlal to direct the malayalam movie. How the Corona Lockdown caused the project to be shelved in the year 2021. On how the Director Mohanlal and the Producer Antony Perumbavoor with my client’s consent and without his participation were forced to write a new story that could be filmed amidst corona shooting restrictions. Mohanlal's film Barroz's story or screenplay, though it may be based on the Kappiri Myth,  is not authored by my client. Due to the reason that the story has been changed, my client intends to produce the original script in English and Hispanic with a Black Hollywood actor. So the contrary allegations are hereby denied.

9. In respect of the allegations of showing only five chapters of the novel in the website, I am informed that it is the usual practice of the filmmakers and writers in the field of making movies to always give a space for the people to anxiously wait for the rest. As stated earlier, the novel has been written and published not for sale to the public, but for making a renowned international movie. Further, the similarities pointed out by you have nothing to do with the uniqueness alleged by your client. My client has not lifted any idea or any elements or controversial events or the character of the girl’s father or the expression of Kapiri Myth as alleged in your notice since my client or any of his associate in this project has never seen or read your client’s book. 

10. Against the said allegations, kindly note that in 6 most prominent works among such child meets elderly ghost - by Oscar Wilde, Ben Stahl, Mary Hahn, Manoj Shyamalan, Sudhanshu Dube and Hanna Alkaf, only the child can see the ghost and communicate with him. Even in my client’s movie My Dear Kuttichathan 3D (1984), he has used the idea that only the young protagonists, primarily the heroine girl child, can see the ghost and communicate with the ghost. My client would not claim it as unique, but inform your client who claims as the author of novel Maya (2008) that he should not claim copyright on a centuries-old idea. Nothing has been brought out by your client to show that substantial and material similarities were taken by my client for any actionable claim. In respect of the other contention that the ghost’s image is not reflected in a mirror in both works and that is a fact highlighted in both works, the same is not an invention done by your client or my client but it is very old idea as old as Bramstoker’s  Novel Dracula (1897). Even in my client’s movie in the year 1984 - movie My Dear Kuttichathan 3D, Kuttichathan’s reflection is not seen when the girl turns the mirror towards the spirit.

11. My client refutes the point about  the creation of the girl character in my client’s novel, is a counter figure to the ghost. In my client's novel Barroz, neither the girl is the heiress nor does she ‘liberate’ the ghost. She does not ‘bring to life an abstract mythical opposite of Kappiri’ or the Kappiri himself. If the said elements, as claimed by your client, is the premise that forms the basis on which your client’s story proceeds, my client states that your client is terribly mistaken in finding similarity with the novel Barroz. In my client’s novel, the girl does not go out to prove the ghost’s existence. Nor is the girl out to vindicate the historical wrongs done to the ghost. My client’s novel is a psychological child fantasy. It is about a girl with character deformities, under the constant supervision of a doctor (psychiatrist) engaged by her father. She hears about the myth from a loud-mouthed boy who is of Kappiri Muthappan’s lineage, and imagines herself to be the heiress since her mother is a Portuguese national. The ghost is only a figment of her imagination. The aged ghost, the lonely girl fantasizes as becoming her playmate. 

12. As in the work of the author Sudhamshu Dube where the small boy drives the old ghost crazy with his antics, in my client’s novel the prankish girl spooks the rascally old man (ghost) and they both join to have riotous fun, frolic and adventure. In fact, it is  a reboot of my client’s earlier film My Dear Kuttichathan 3D. The present novel Barroz is only a variation to the fantasy and adventure of the film My Dear Kuttichathan 3D where the children come to have fun. In respect of the further similarities pointed out, I am informing you that at least 20 percent of the movies released in the last ten years in India do depict agitation and protests by activists against the governing authorities, industrial enterprises, international conglomerates or organizers of public events. This is by virtue of the fact that everyday public protests occur in India, and have become prevalent against any sort of function, event or celebration. Hence this similarity of protest against the event by radical social elements, physical confrontation between the police and the protesters are all common and which cannot be claimed as unique one by your client to make it actionable under the Copyright Act. 

13. In respect of the further similarities alleged about the  major event takes place in the locality where the girl lives - viz; Gama Celebrations with International Conference in Maya and Casino Investors’ Meet in Barroz. The crucial role the father of the girl plays in the event (Chief Sponsor of Gama Celebrations & Chief Investor for the Proposed Casino in the Investors’ Meet) in both stories, it is submitted that the father - Ron Madhav, of the girl Teresa in my client’s novel, is not the chief investor of the Casino Investor’s meet. He is in Goa to seek treatment for his daughter Teresa (by psychiatrist Kovoor) of her behavioral problems and in the process to win back his estranged wife Isabella, a Portuguese physician working with International Medicare in Goa. It is the girl’s imagination that her father would get hold of the D’Gama Mansion so that she could continue her frolic with the aged black ghost. Your client is purposefully twisting my client’s story to fit a nefarious design since the father of the girl in his story seems to be sponsoring some sort of Gama celebration in Kochi. Your client seems to be twisting facts very hard to establish a connection between his historical Vasco De Gama who is the master of the black slave in his novel ‘Maya’ set in 16th Century Kochi, and that of my client’s Cristavio D’Gama - master of servant Barroz (both imaginary characters) set in 18th Century Goa. As to the single line in a solitary webpage your client's novel merit - 'the ghost narrating a 500-year history to a girl', it is being made clear here that my client has no private axe to grind in rewriting maritime history, nor he seeks attention by tarnishing exploration narratives of famous/ infamous conquistadors . As a creative person, his only intention is to entertain, and he has used the characters entirely different from your client's for that singular purpose. 

14. The further allegation of similarities of the character of ghost in both works, it is informed to you that both novels are from a common idea based on the copyright-free Kappiri Myth. 

15. The black ghost character Barroz in my client’s novel is of course playful and jovial. The ghost trips down the minister to fall, switches between flower on a lady’s hair and pen in a gentleman’s pocket. He punctures the municipal commissioner’s car tires, booby-traps the hall chandler to crash down, etc. My client doesn't know whether your client's ghost indulges in such antics since my client hasn't read your client's novel. But please inform your client that the pranks by ghost Barroz are in fact actually done by the adolescent girl with a mental condition, and like all poltergeist activity in real life, the troubled teenager attributes it to a ghost of her imagination. 

My client’s other fantasy main characters in his ghost stories - Kuttichathan, Thiruvazhithan https://www.navodayastudio.com/_files/ugd/8a582f_f005bd4031f644d9a653faa1460cd3ee.pdf , etc. are also playful and jovial. The main ghost characters in the novels/ works  - The Canterville Ghost,  Wait till Heaven comes and The Sixth Sense - all written long before your client's novel - are elderly, funny, playful and jovial when befriending the child in the story. This is one of the creative devices every writer would deploy to make his or her narrative interesting. 

16. This idea of joviality is not limited to anyone’s unique imagination. Further, if your client’s African Ghost is aware of history, politics and other social issues, nowhere in my client’s novel the character Barroz is aware of history, politics or social issues. My client’s novel being merely fun and fantasy, the ghost character is imaginary. The old black simpleton, though from Kappiri Myth, does not carry any historical baggage - nowhere in my client’s novel. This is ample proof in the very words of your client that he is barking up a wrong tree. 

17. The movements and manner in which  character Barroz occupy the top of the walls, etc. are identical to my client’s own character Kuttichathan in the film My Dear Kuttichathan 3D (1984). He has only repeated the instance of girl Teressa seeing Barroz seated on wall, from that of My Dear Kuttichathan 3D where young girl Lakshmi sees Kuttichathan seated on the walls and the ceiling. 

18. Further allegation that girl’s in both stories live in colonial bungalows having a conference room where the ghost is a recurring presence. The Kappiri Myth, being colonial in times, any modern story-setting based on the myth is bound to have colonial architecture in its narrative. This ought to be true for your client’s story-setting which as he says happens in Fort Kochi where Heritage Festivals and Biennales do take place today. This is also true for my client’s novel Barroz set in Goa which, like Fort Kochi, has a colonial colony called Fountainhas where conferences and carnivals take place today. Given these facts, the question of how the idea can be solely and uniquely limited to your client’s creative imagination would baffle anybody. Yet, the crucial variation is in the Museum premise the girl in my client’s novel resides. It is a medieval castle, termed D’Gama Mansion. It is not a bungalow as in your client’s  girl’s residence. It is a far cry from a Fort Kochi bungalow which your client seeks to find similarity with. In my client’s novel, the adventure of the girl is associated with the missing ear ring of Lady Isabella D’Gama at the Mansion, a Museum. About ghostly presence in Mansions one need only to look at stories by Enid Blyton (1897 - 1968). Most among the hundreds of her adventure settings for children are in Old Mansions, Abandoned Forts, Castles and Palaces - the sites of buried fortunes and family heirlooms where strange incidents, ghostly presence and paranormal occurrences happen.  The places would have events such as Carnivals, Museum inaugurations, Country fairs, Celebrity visits, etc. taking place during period of the story narrative. This scenario and settings have been so widely accepted, many children’s stories and films have had this type of ominous architectural settings for children’s adventure. One famous example to this is film Home Alone (1990). My client has been influenced by these works. Incidentally, the film My Dear Kuttichathan 3D (1984) also has an old collector’s bungalow where the ghost is a recurring presence. 

19. There are a number of works of literature which the ideas identical to what your client claim as unique have been published. They date back to two centuries.

20. If your client is genuinely of literary credentials as claimed, he would definitely have been aware of the above mentioned works and been influenced by these works which men and women of literature consider as great accomplishments. Whatever be the case, my client admits that he has been influenced by the above mentioned works. If he needs to have adopted ideas, then he would have taken it from the famous works, and not from an obscure novel authored by your client - a novel unaware to my client, or to the world at large.  

21. The final similarity alleged, both novels recall the historical battles on the Indian West Coast between the Dutch and the Portuguese in a similar fashion, is a blatant lie. While it is a historical fact that battles did take place between Dutch and the Portuguese during the 16th and 17th centuries on the Malabar Coast, and those battles’ narratives have been chronicled and even painted for their significance, there simply cannot be any similarity of what my client has wrote in the single battle narrative at the Barroz novel’s preamble.  But if your client, as he claims, has set his ‘historical battles’ of his novel Maya in Kochi or anywhere other than Goa, it cannot be a combined Maratha - Dutch attack on the Portuguese fort. It cannot be a Portuguese evacuation from a walled fortified city down towards the galleons anchored alongside the fort. This can happen only in Goa where my client has set his narrative. This narrative is totally fictitious and has originated in my client’s mind.  Your client after reading my client’s narrative knows fully well that he himself could not have written anything of that sort. 

22. When the story was written in a particular mode of narration by developing the idea as an expression with the figment of his imagination it cannot be said that the story itself is an idea. When an idea is developed as a story it is an imaginary work of that particular person who makes the story, in such case it becomes the manifestation of his own imagination and it cannot be treated as a mere idea. Where the theme is the same but is presented and treated differently the subsequent work becomes a completely new work and no question of violation of copyright arises. Using the above yardstick, it can be seen that your client has misrepresented facts to you and also my client suspects this is your client’s attempt to obtain unlawful gain at the eve of the release of a movie since the producers will be tend to avoid unnecessary issues in the last moment. Or, a ruse to create controversy in public to revive his defunct novel. Even as early as 2019, the news of film Barroz - Guardian of D'Gama's Treasure launch was reported in most International Media because with an International cast - Spanish/ Portuguese/ African/ American actors, was then announced. For the last two years it is a most publicised news in the local media that due to Corona Lockdown and the resultant film production restrictions the cast has been changed and the story of Barroz has been replaced. Those webpages still exist in the internet domain. Your client could not have failed to see them whichever part of the world he was residing in. Your client’s notice is a groundless threat of legal proceedings. The grounds alleged in your notice is not an infringement of copyright. My client’s act is a fair dealing of a myth and hence advise your client not to proceed with any proceedings to desist the release of the movie “Barroz” and my client is not bound to obtain any license from your client. Your client caused to issue this notice without any reasonable or probable cause and vexatiously. If any proceedings is initiated by your client, your client is liable for the damages and for compensatory cost for the same. For further clarity I am sending my client's Novel Barroz*, Guardian of D’Gama’s Treasure (English) printed in year 2018 to you along with this reply notice.

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                                Hence I hereby call upon you to advise your client not to initiate any illegal proceedings based on Copyright infringement alleged and disregarding  the same if your client proceeds, your client will be doing at his own risk and cost.

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                                     Dated this the 1st day of August 2024

                                                                                                            Nisar.A

                                                                                                           Advocate

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 * The Novel https://www.navodayastudio.com/barroz-novel , which along with the detailed webpages

https://www.navodayastudio.com/film-barroz-proposed-english-version and 

https://www.navodayastudio.com/film-barroz-malayalam-version , the accuser asserts -

'purportedly written', nonexistent, 'suspect'   ...  an elaborate 'smokescreen'  created only to cover up the copyright infringement.