Was it the References that Make the Fans Roar or Infringements that Make the Creators Roar in Rage?

The film Good Bad Ugly was an exciting experience for fans of Ajith Kumar, but it didn’t resonate as strongly with the general audience. Directed by Aadhik Ravichander and starring Ajith Kumar, Trisha, Arjun Doss, and Priya Varrier, with music composed by G.V. Prakash, the film stands out from the usual Kollywood formula due to its heavy usage of references and elements derived from other original works.

Notably, music composer Ilayaraja recently issued legal notices for unauthorized use of his work in this film. This is not an isolated incident, as Ilayaraja has a history of addressing copyright violations concerning his compositions.

In this article, we will focus on character copyright and how the film potentially infringes on it.

What is Character Copyright?

To understand the legal concerns, we first need to clarify what character copyright is and why it matters.

According to legal scholar David B. Feldman, a character can be protected under copyright law if it satisfies three legally recognized elements:

1. Name
2. Visual or physical appearance
3. Personality traits

Copyright law protects original and creative works that are fixed in a tangible medium. For a character to be copyrighted, it must be sufficiently distinct and clearly defined. It is also important to note that the ownership of character copyright usually lies with the production house or the company that created and registered the character not necessarily the actor or the screenwriter.

Characters Referenced in Good Bad Ugly

Several characters in Good Bad Ugly appear to be heavily inspired by, or directly based on, existing popular media:

John Wick: One of the lead characters in the film shares a backstory and demeanor that closely resemble Keanu Reeves’ character from the John Wick franchise, known for being a skilled assassin with a personal vendetta.

The Professor (Money Heist): The film includes a heist sequence orchestrated by a strategic mastermind, which has drawn strong comparisons to The Professor, a central character in the Netflix series Money Heist.

Don Lee: The film makes reference to a meeting in Korea involving actor Don Lee, a well-known figure in South Korean cinema. This appearance is suggestive of using his identity or persona without proper clearance.

Billa: Although the name Billa is not explicitly used, the film features a scene where Ajith Kumar appears in a black coat and sunglasses an iconic look associated with the Billa character. The dialogue “Malaysia ve avarodadhu da” also alludes strongly to the character, making the reference in detailed form.

Is This Fair Use? Reference or a Rip Off?

Using characters from other works without permission can be a violation of copyright law unless it falls under fair use, which is typically reserved for parody, criticism, education, or transformative use.

In the case of Good Bad Ugly, the visual and narrative similarities to these original characters are not sufficiently transformative to be considered fair use. Stylized or cartoonized renditions of these characters do not necessarily make them original or legally distinct from their copyrighted counterparts. If the portrayal remains recognizably the same in essence and execution, it is likely to be deemed an infringement.

Final Thoughts

Good Bad Ugly may have aimed to celebrate beloved characters and cinematic moments, but its use of recognizable copyrighted characters and music raises serious concerns regarding intellectual property rights.

There is a fine line between artistic reference and legal infringement. Referencing popular media in films can be effective when done with originality and appropriate permissions. However, direct or overly similar portrayals of copyrighted characters without licensing can lead to legal consequences and undermine the creative integrity of the work.

What Do You Think? Is Good Bad Ugly an attempt at creating a multi-layered cinematic homage, or is it an example of overstepping legal and ethical boundaries in filmmaking?

In upcoming articles, we will further examine the use of copyrighted music and explore how the law applies to creative reuse in the film industry.