Durga Puja in Calcutta is like Ganesh Chaturthi in Bombay. A several-days-long religious festival, filled with increasingly complex and creative idols of Durga (a.k.a. Temple of Doom‘s Kali) for the former and, as I had posted earlier, Ganesha for the latter. It’s a huge event for Bengalis, whom urban slang refers to (affectionately, of course) as “Bongs”.
This time, however, the Bongs have gone too far, according to Penguin India. They are suing a Bong group for creating a massive Durga statue set in an intricately-made Hogwarts (that’s from Harry Potter, for those who are living in caves).
The community group is being targeted by lawyers representing Penguin India on behalf of JK Rowling and Warner Brothers who hold the rights to Harry Potter in India. Members say that they make a different model every year – in the past they have built the Titanic.This year they chose Hogwarts School – as well as life-size models of Harry Potter and his friends. Organisers said a mock steam engine train is also being constructed next to it, to resemble Hogwarts Express. Correspondents say the construction is nearing completion and is expected to cost around 1.2 million Indian rupees ($30,000). [link]
Ok, correct me if I’m wrong, but these things are usually the result of people going around door-to-door, collecting money and then using that money to build the mandaps (which is what these imaginative settings for the idol are called). So who exactly are they suing? Is it the lane or apartment building from which the money was collected? And I’m not even sure if these things make a profit. Generally, people give some money when they pray, but it’s not exactly commercially-viable. It’s more like a goodwill thing. Anyhow, apparently the High Court disagrees with me, as does Warner Brothers.
Penguin India’s spokeswoman Nirmalya Roychowdhury told the Associated Press news agency that Delhi High Court has already ruled that the organisers of the Durga Puja festival must remove the display or pay the fine for copyright violation.
“Sadly, the organizers of this large-scale commercially sponsored event did not approach us for permission to go ahead,” Warner Brothers said in a statement in London.
“This event falls outside the guidelines set up by Warner Bros., JK Rowling and her publishers to help charitable and not-for-profit organizations to run small-scale themed events that protect fans and allow everyone to enjoy Harry Potter books, films and events in the spirit in which they were created,” the statement said. [link]
Seems to be one in a long line of frivolous lawsuits that are on the increase in India. Is it a consequence of economic growth? Or is it just another example of the corporate bigwigs frustrated by media piracy, and taking it out on the little guy?
Update: Good news – looks like the courts in India rule in favor of the little guy. Read this:
Indian fans of Harry Potter books welcomed Saturday a court verdict that gave the go-ahead to organisers of a religious event to build a life-size replica of the fictional Hogwarts Castle.
The Delhi High Court threw out on Friday a claim by author J.K. Rowling that the giant structure constructed in the city of Kolkata infringed copyright.
Organisers now have permission to keep the papier mache and bamboo castle in place until Durga Puja, the biggest Hindu religious event in eastern India, on October 26. [link]
If you enjoyed this post, make sure you subscribe to my RSS feed!
Print It. Share it:



5 responses so far ↓
1 The Chapatikid // Oct 11, 2007 at 7:29 pm
In this case, I’d say it’s because Warner has a fiercely protectionist policy about the Potter trademark. The publisher I worked for got a threat from Warner lawyers to sue if we didn’t pull a fan book off the shelf, because Rowling “may” write something similar to that. We couldn’t reprint. I think they actually have lawyers around the world whose job it is to just keep an eye out for Potter trademark infringement.
2 The Great Ganesha // Oct 11, 2007 at 10:11 pm
that’s interesting to know. but still, suing the guys who made a hogwart’s mandap is really taking it too far. these guys are probably just a bunch of local dudes who drive cars and collect garbage for a living…
most likely, they’ll have to can the mandap and they’ll be off the hook.
3 Nikhil // Oct 12, 2007 at 5:41 am
That’s definitely going too far. How unfortunate that these guys are paying J.K Rowling the ultimate compliment (which will probably lead to even more book sales), but they end up getting sued instead.
http://www.telegraphindia.com/1070928/asp/calcutta/story_8350813.asp
4 The Great Ganesha // Oct 12, 2007 at 3:04 pm
true enough. wb is losing it. it’s like the record companies suing college kids. like that’s really going to stop the piracy.
5 Aliskandar // Oct 13, 2007 at 6:25 am
The Delhi High Court to the rescue. Again. Anyway, the whole brouhaha doesn’t bode well for the future of the neo-liberal intellectual properties regime. No empire can stop the Bongs for long.
Leave a Comment