A gym owner in Mumbai has filed a defamation case against model and former Miss World Natasha Suri in connection with a copyright dispute over her photographs, which he had clicked at his own expense and compensated her for it by paying money.
Suri, who won the Femina Miss India-World 2006, had sent a legal notice to Nitin Gupta, owner of SYKZ Gym, and Haider Khan, a private fashion photographer, alleging they had misused her photographs in a hoarding that was used to promote weight loss programme of the gym.
She had alleged that the words accompanying the ad, "May every loser Win", depicted her in bad light and portrayed her as a loser. Natasha had objected to the advertisement put up by the gym at prominent locations here and claimed Rs one crore as damages and professional fees.
However, Gupta and Khan's advocate, Rizwan Siddiquee, in a reply to the notice, said, "Nitin Gupta legally holds perpetual and complete rights over Natasha Suri's photographs that were taken entirely at his cost and expenses to promote the services offered by his organisation."
Section 17 of Indian Copyright Act 1957 further confirms the rights of my client, he said.
Section 17 says that in case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright.