Author initiates legal action against Dharma Productions, Netflix over Oscar contender Homebound; alleges infringement

Talking to Hindustan Times, author Puja Changoiwala alleges copyright infringement on Karan Johar's Dharma Productions and Netflix over Homebound.

Journalist and author Puja Changoiwala has initiated legal action against Karan Johar and Adar Poonawalla’s Dharma Productions Private Limited, along with Netflix Entertainment Services India LLP, for allegedly plagiarising her 2021 novel Homebound. She will file a suit in the Bombay High Court over the Neeraj Ghaywan film of the same name, starring Ishaan Khatter, Vishal Jethwa, and Janhvi Kapoor.

Director Neeraj Ghaywan and cast members Ishaan Khatter, Vishal Jethwa, Janhvi Kapoor and producer Karan Johar during the screening of Homebound at Cannes. (REUTERS)

In an email to Hindustan Times, Puja reveals that the production house received a legal notice from her lawyer regarding the alleged infringement before she approached the court.

What is Homebound about?

Homebound was released in theatres on September 26, following its premiere at the Cannes Film Festival in May, and has now been shortlisted for the Oscars. The film’s team has claimed that the story is based on a 2020 New York Times article by journalist Basharat Peer titled A Friendship, a Pandemic and a Death Beside the Highway. The film tells the story of two childhood friends who attempt to pass the national police exam.

Ishaan Khatter and Vishal Jethwa in Neeraj Ghaywan's Homebound.

Allegations of copyright infringement against Homebound

Puja points out in an email to HT that “the subject of both (her novel and the film) is the COVID-19 migrant exodus of 2020.” She also alleges, “Upon watching the film, I discovered that the producers have not only misappropriated the title of my book, but have also blatantly reproduced substantial portions of my novel in the second half of the film—including its scenes, dialogue, narrative structure, sequence of events, and other creative expressions.”

Puja Changoiwala's 2021 novel Homebound.

Legal case against Dharma, Netflix

After Puja watched the film, her lawyer issued a legal notice to Dharma Productions on October 15, “providing a detailed, scene-by-scene account of their infringement of (her) rights.” The author claims that the producers “refused to acknowledge the violation” in their replies.

Puja has now initiated legal proceedings against Dharma and Netflix by filing an application before the Maharashtra State Legal Services Authority under Section 12A of the Commercial Courts Act, 2015—the pre-institution mediation process, which is mandatory before a suit is filed in the Bombay High Court.

The author contends in her email that Dharma “committed a flagrant act of passing off” by naming the film after her book, which “cannot be a coincidence.” She also alleged that the film was scripted in 2022, well after her 2021 novel had been published.

What does Puja Changoiwala seek in court

Puja will be seeking remedies in court, including a permanent injunction against Homebound’s distribution, removal of all allegedly infringing material, a change in the film’s title and damages for alleged infringement of her copyright. “I know I’m challenging powerful entities by taking this step, but I believe it’s important for writers to defend their work when it's misappropriated and exploited without their consent,” states the author.

Dharma Productions’ response to the allegations

Dharma Productions refused to comment on the allegations made to HT by Puja. A spokesperson for the production house replied via text: “We are responding to the claim legally and cannot comment anything right now.” Homebound was selected as India's entry for the Best International Feature Film category at the 98th Academy Awards, making the December shortlist.