BIT, Noida

Review the Essentials of a Valid Contract from the contract between Vidhu Vinod Chopra and Chetan Bhagat in the context of ‘Five Point Someone’ and 3 Idiots.
Project Assignment by Arun Trikha

Arun Trikha, MBA PT 4706/10 1/1/2013

Table of Contents 1. About Chetan Bhagat About the movie 3 Idiots The Agreement The Controversy Sequence of Events Similar Events References . 7. 2. 3. 6. 5. 4.

He studied Mechanical Engineering at IIT Delhi and studied at IIM Ahmedabad. family and relationships. He worked as an Investment Banker with Deutsche bank for eleven years in Hong Kong and moved to Mumbai with his wife Anusha in 2008. R.What not to do at IIT was his first book. It was adapted into a play by the theatre group "Madras Players". and Boman Irani in pivotal roles.What not to do at IIT . He is married to Anusha. He has also written the script of Hello. Madhavan. and starring Aamir Khan. Ryan and Alok who come from three different backgrounds.The Story Of My Marriage. and brought Bhagat a large fan following. The book is about their years in IIT Delhi and how they cope with the pressures of studies. Despite poor critical response. New Delhi. and writes on political issues. It's a story of three IIT Delhi students. who was his classmate in IIM. One Night @ the Call Center. He attended Army Public School. . it was greeted with popularity. Directed by Rajkumar Hirani. Later he gave up his job to devote his entire time to his writings. called 3 Idiots.About Chetan Bhagat Chetan Bhagat is an Indian author who has written Five Point Someone .Hari. Sharman Joshi. Dhaula Kuan. 2009. He is an NRI and a citizen of Singapore. His writing style is simple with linear narratives and vivid story telling. the Hindi movie based on One Night @ the Call Center. it was released on December 25. The Three Mistakes of My Life and 2 States . though Chetan Bhagat has stated that he was not involved in the scriptwriting in any way. He is a columnist with Dainik Bhaskar & The Times Of India. Chetan Bhagat was born in New Delhi. Kareena Kapoor. His books have been best-sellers inspite of getting poor reviews and being widely criticized. Five Point Someone . This book was adapted into a movie.

and Rancchoddas "Rancho" Shyamaldas Chanchad (Aamir Khan) are three engineering students who share a room in a hostel at the fictional Imperial College of Engineering. In contrast. and confronts Virus after fellow student Joy Lobo hangs himself in his dormitory room. (Omi Vaidya) who sees a high rank at the prestigious college as his ticket to higher social status.About 3 Idiots Farhan Qureshi (R. conforming to the system and social climbing. corporate . after which ViruS hauls his rebellious student and forces him to lecture the other students. one of the best colleges in India. Rancho is a wealthy genius who studies for the sheer joy of it. saying that he himself was completely unmoved by his own son's accidental death after being hit by a train. The professor then proceeded to phone Lobo's ill father and inform him that his son will not be graduating. Threatened by Rancho's talent and free spirit. dog-eat-dog. prompting them to feverishly search through textbooks trying to find a definition. However. While Farhan and Raju are mediocre students from modest backgrounds who want to lift their families out of poverty. ViruS labels him an "idiot" and attempts on a number of occasions to destroy his friendship with Farhan and Raju. Rancho denounces the rat-run. Joy had requested an extension on his major project on compassionate grounds—his father had suffered a stroke—but Virus refused. Rancho then embarrasses the staff and students by asking them questions about non-existent concepts (Farhanitrate and Prerajulization). incurs the wrath of Professor Viru Sahastrabudhhe (Virus) (Boman Irani). blaming it for Lobo's death. ViruS’ model student is Chatur Ramalingam or "Silencer". warning them and their parents to steer clear of Rancho. Raju Rastogi (Sharman Joshi). Rancho's passion for knowledge and machine-building rather than exam rankings. Rancho irritates his lecturers by giving creative and unorthodox answers. Madhavan). mindless rote learning mentality of the institution.

Rancho does this by damaging Suhas's expensive material goods. break into Virus's house at night to see Pia. who are already drunk. Rancho also falls in love with Virus's medical student daughter Pia (Kareena Kapoor) when he. who is afraid that his ill father will die of the shock of his only son being cast aside and being unable to support the family and earn a dowry for his unmarried sister. This devastates Raju. Chatur conforms to the expectations of the system. Virus sees an opportunity to break Raju's friendship with Rancho by offering to expel the latter instead. and to the students' uproarious laughter. and then confiscating Suhas's gifts to Pia. and unethical means of destroying his competition. by inserting obscenities into the text. which has been written by the librarian. The tensions come to a head when the three friends. the pair fall in love and Pia saves Raju's ill father by administering emergency treatment after he collapses. Meanwhile. who is awarded the honour of making a speech at an award ceremony. Chatur mindlessly memorises the speech. After this. and therefore wealth. Unable to choose between betraying his friend or letting down his family. the three students continue to anger Virus. much to their horror. This incident provokes further run-ins with Virus. and Farhan and Raju are inevitably in the last two positions. Meanwhile.power. Rancho humiliates Chatur. and then urinate on a door inside the compound before running away when Virus senses intruders. Raju jumps out of the . but Rancho wins over Pia after first insulting her fiancee Suhas and then demonstrating that Suhas only sees Pia's hand in marriage as a means of furthering his career by marrying into an influential family. without noticing that anything is amiss. Virus tells Raju that he is being expelled. directing frequent vulgar language at ViruS and the federal education minister. and works by mindless rote learning. Raju and Farhan crash her sister's wedding banquet in order to get a free meal. such as trying to distract his classmates by feeding them pornography magazines. The latter incident provokes an angry tirade from Suhas towards Pia about how much money she has lost him—he thinks that she was absent-minded and lost the present. although Rancho continues to come first in every exam. while Chatur is always second. The next day.

Virus is unsympathetic and vows to make the final exam as hard as possible so that Raju is unable to graduate. However. Rancho comes first and is awarded Virus's pen. while Raju is unexpectedly given an interview for a corporate job. He attends in plaster and a wheelchair and gives a series of non-conformal and frank answers.window and lands on a courtyard. and he and Farhan break into Virus's office and steals the exam and give it to Raju. After the baby is apparently stillborn. and when Virus gives the same ruthless reply he gives to his students. which the professor had been keeping for decades before finding a brilliant enough student to gift it to. they earn a reprieve when Virus’s pregnant elder daughter goes into labour at the same time. after Rancho restores power using car batteries and a power inverter that Rancho had dreamed up and Virus had mocked. and they adopt Rancho's outlook. Farhan decides to pursue his love of photography. However. is unconcerned with the prospect of failing. and refuses to cheat and throws the paper away. After this. She tells Rancho of the exam. and Pia is still in self-imposed exile. Rancho resuscitates it. Pia reveals that Virus’s son and her brother was not killed in an accident but committed suicide in front of a train and left a letter because Virus had forced him to pursue a career in engineering over his love for literature. A heavy storm cuts all power and traffic. The experience has changed Farhan and Raju. Rancho then delivers the baby with the help of a cobbled-together Vacuum extractor. so she tells Rancho to deliver the baby in the college common room with the help of a webcam. After turning Raju down. awakes from a coma. she denounces him in the same way that Rancho did over the suicide of Lobo. Pia hears him and angrily confronts him. However. Virus reconciles with Rancho and his friends and allows them to take their final exams and they graduate. and takes Virus's spare keys with her. but after extensive care from Pia and his roommates. Virus catches the trio and expels them on the spot. who with his new-found attitude. the stunned recruitment personnel change their mind and tell Raju to name whatever salary he wants. Virus always mentioned that he unsympathetically failed his son on the ICE entrance exams over and over to every new intake of ICE students. Pia walks out on the family home. .

so the family agreed to let the servant boy study in Rancho's place instead of labouring. to turn around and meet his prospective business partner. was a lazy wealthy child who disliked study. The real Rancho reveals that his impersonator is now a schoolteacher in Ladakh. They are joined by Chatur. Pia and the fake Rancho rekindle their love. and find a completely different Rancho. After accusing the new man of stealing their friend's identity and profiting from his intellect.wikipedia. Raju and Farhan then find Pia.1 1 http://en. who has hundreds of patents. while he.Their story is framed as a flashback from the present day. The householder capitulates and says that their friend was a destitute servant boy who loved learning. the host pulls a gun on them. Raju and Farhan begin a journey to find him. they see a group of enthusiastic ethnic Tibetan children who are motivated by love of knowledge. now a wealthy and successful businessman. the real Rancho. When they arrive in . as his ticket to further social climbing. Chatur is horrified and falls to his knees. When they find Rancho's house. who disappeared during the graduation party and went into seclusion. who joins them. while Chatur mocks and abuses the schoolteacher before walking away. trying to flatter Phunsukh Wangdu. ten years after Chatur vowed revenge on Rancho for embarrassing him at the speech night and promised to become more successful than Rancho a decade later. who has turned his back. the real Rancho would pocket the qualifications and the benefits thereof. they walk into his father's funeral. and take her from her wedding day to Suhas by performing the same tricks with his material possessions. but Farhan and Raju turn the tables by seizing the father's ashes and threatening to flush them down the toilet. and having Raju turn up to the ceremony disguised as the groom and eloping with Pia in front of the guests. Having lost contact with Rancho. he reveals that it Phunsukh Wangdu and phones Chatur. Chatur sees Wangdu. while the impersonator would sever all contact with the world and start a new life. brazenly confident that he has surpassed Rancho. Chatur is also looking to seal a deal with a famous scientist and prospective business associate named Phunsukh Wangdu. In return. When his friends ask what his real name is.

Bhagat writes in his blog: "Pre-release.html . I'm quite sympathetic to Chetan's claims that he's been "unfairly" treated. the makers made press statements like the movie is only ‘very loosely’. message – almost all aspects that make up the story are from FPS. The setting. characters. I think those are the only people who have the right to comment) find the film to be an adaptation of Five Point Someone. under which he assigned all rights in any audio visual format of the book 2 or its adaptation to the production house. since his book input has not been adequately "attributed". ‘2%-5% inspired by the book’. Having seen the movie ("3 Idiots") and the book ("5 Point Someone").The Controversy The author Chetan Bhagat claims that the attribution (or rather the lack of it) to his book in the movie has been rather "unfair". And I also think he may have an arguable case under Indian copyright law. those who have read the book and seen the movie (and frankly. dramatic twists and turns. Yes. but rather reduced to a paltry amount of 3-5%. Bhagat entered into a contract with the production house (Vinod Chopra Films Pvt Ltd). there are some changes. 2 http://spicyipindia.blogspot.” Examining the Key Facts/Issues Some specific facts and the various issues (both legal and moral) that they give rise to: 1. one-liners. After release. plotline. any adaptation requires that – but it is no way an original story.

3 http://spicyipindia.html the form of placement was not complied with. as contractually promised. the credits right at the end of the film do mention the fact that the movie is based on the book by Bhagat. As consideration. Bhagat was also promised credit in the film. whereas the contract stretches out the entire attribution to 3 lines. 3. Bhagat was to be paid a certain sum of money (totaling about Rs 11 lakhs or so). "It shall be obligatory on the part of the Producer to accord credit to the author in the rolling credits of any audio-visual moving image software (of any format or form in any media or medium) produced by the Producer in terms of the exercise and execution of the Rights granted as under: “Based Five By Chetan Bhagat” on Point The Novel Someone Although. So this is not really about 3 the money. Contrast this with the fact that the script writer.blogspot. Bhagat could therefore argue that even contractually. Abhijit Joshi was credited right at the start of the movie. it crams up the attribution (“Based on The Novel Five Point Someone By Chetan Bhagat”) in one line. The facts appear to indicate that he was paid this sum in full and Bhagat does not contest this in his blog post either. This is mentioned below and is also clearly stated in Clause 4 of the contract. This is buttressed by the fact that the credit at the end of the movie was so fleeting that even his mother missed it.

the makers of the movie made statements to the effect that the movie was not really based on the book and that it was "original". 4 Moral Rights and Lack of Attribution 4. the author of a work shall have the right to claim the authorship of the work .. the makers claim that the movie was only based on the book to a paltry extent of 35% . Bhagat claims that in the pre-release publicity and even post the movie. the end product (movie script) could be rightfully said to be a product of joint authorship.html .blogspot. Section 57 of the Indian copyright act vests every author with the right to insist that their works be attributed to them.Of course. one might argue that Bhagat ought to have bargained for better placement of his "credit" in the movie. even if the economic rights are assigned away (and in this case. In essence. 4 http://spicyipindia. Or was the movie based substantially on the book? The copying has been rather significant. If what Bhagat states is true. the moral rights continue to vest in the of the author's copyright and even after the assignment either wholly or partially of the said copyright. then he has a decent case against the makers of the movie on grounds of moral rights. And not a mere 3-5%! Therefore. Bhagat assigned away his rights to any movie based on the book).. And this right exists independent of the "economic" right to exploit the work. The question now is: is it true that Bhagat's book only contributed 3-5% to the movie. Most damagingly perhaps. rather than as a mere rolling credit. " In other words. the section states that ".

v) The third friend is a very talented photographer (Farhan) but is in the 55 iii) The smartest of the lot is an "out of the box" non conformist thinker. in the movie.involving Chetan Bhagat. it is titled the "Imperial College of Engineering". He is therefore under tremendous pressure to score well in college. Let's examine the movie and book in closer detail. and earn enough to get his sister married off etc. he refuses to go by the bookish definition of "machine" and defines it loosely as anything that makes life easier for humans. a leading Bollywood star).html . While in the book. iv) The second of the three musketeers (Raju) is really poor and his parents have just about scraped together all their earnings to put him through engineering school. 5 A Factual Comparison SIMILARITIES i) The setting for the story is a premier engineering college in New Delhi. His father is paralyzed and requires hospital attention. who goes by the name of "Rancho" (played by the legendary Aamir Khan. Abhijit and Rajkumar Hirani. Illustratively. find a good job. starting with their initiation ceremony (referred to as "ragging" in India) by their seniors. it is the world renowned Indian Institute of Technology (IIT).blogspot. ii) The story revolves around 3 friends who make it to the Imperial College of engineering and their various trials and tribulations.

xi) Rancho and friends steal the exam question paper from the Directors' room and face the prospect of rustication. vii) On one particular occasion. whose rather long name is shortened to 'Virus" deals mercilessly with what he perceives to be student infractions or weaknesses. but blindly spew out class notes for their exams. I personally felt that the movie highlights this aspect with greater impact than does the book. Rancho strikes a different chord and in the process incurs the wrath of the institutional powers that be. the three musketeers go up to the terrace of their college (near a water tank) to elevate their spirits and end up thoroughly inebriated. something that most Indian institutions encourage even today. His Hitler like attitude in foisting his rather conservative and austere value system on his children and students leads to his son committing suicide. ix) The head of the institution. I don't recollect finding any references to this photography talent of Farhan in the book. they come away unscathed. with whom he shares a romantic relationship. Luckily. x) During the course of their studies.wrong place (engineering college). Raju cracks under pressure and tries to commit suicide. since it turns out that Rancho got the keys from Virus' daughter.e those that do not question their professors or teaching methodologies. viii) The entire educational set up is geared towards rewarding students who learn by rote i. . Farhan is the narrator of the story. vi) In both the book and the movie.

iv) The film shows Rancho turning out to become a world famous inventor at the end of the movie. the book has Farhan doing so.blogspot.html . with over 400 patents to his name. The book does not contain this inspiring ending. the book does glorify Rancho's maverick nature and one could say that he is made out to be a hero of sorts. ii) While the film has Rancho romancing the Director's daughter (Piya).blogspot. 6 7 http://spicyipindia.html http://spicyipindia. The book misses out on this 7 resounding ending. and some of the inventions depicted in his remote and rather picturesque Ladakh open air lab were borrowed from NIF a reference to his rather average grades). However. Having said this. the movie focuses more on the unconventional Rancho.6 DIFFERENCES i) While the book appears to center around Farhan (the 5 v) The movie also ends with Pia finding Rancho in his innovation friendly Shangrila and slapping him for deserting her. The book avoids this fraudulent act. iii) The film portrays Rancho as generous boy who loves learning for the sake of learning and enters engineering college only to acquire a degree and hand it over (fraudulently) to the son of his dad's boss. he is more of an informal innovator.

The book does not contain any of these Bollywoody references. even Rancho's closest friends have lost touch with him after college as he gave them the slip. a proposition rather difficult to digest. Rancho switches the speech and has Chatur spouting out nasty adjectives for the 8 Director in his Hindi speech (a langauge he is not familiar with since he is born to expat parents). if at all it is possible to precisely quantify such in that he is the typical conformist who cosies up to his professors and crams too hard. vii) Chatur vows to avenge his humiliation and wagers that in 10 years. The net implication is that the rest of the movie script really originated from other authors. the polar opposite of Rancho. including 8 http://spicyipindia. I can't remember any references to such a speech in the book. To me.. voluptuous wife and Lambhorgini) and attempting to locate Rancho and his friends to demonstrate that he has indeed won the wager. The hunt begins and Rancho is found. most of its characters and sub plots. but Rancho is nowhere in sight. it appears that a significant portion of the book's storyline. with beautiful apartment. In fact. though perhaps insignificantly.html . while Rancho would be rotting in hell. the names of all the characters in the book have been changed in the movie. He manages to locate the friends and get them to the college terrace. It is highly misleading and downright dishonest to claim that only 3-5% of the movie was taken.blogspot.not rotting away but flourishing in the beautiful Ladakh as a world class inventor. viii) And lastly. he would have become highly succesful. The movie begins with Chatur returning from the US (where he leads a successful career. with whom Chatur's US company wishes to One of the funniest moments in the movie is a speech read out by Chatur Ramalingam.

one might argue that the contract demanded it.blogspot. On the contrary. Even Chetan could claim that the script borrows significant amounts of copyrightable elements from his book and he is therefore legitimately entitled to be treated as a joint author of this script.9 9 http://spicyipindia.some dialogues were all reproduced in the movie. Consequently. the lack of appropriate attribution in favour of Chetan amounts to a violation of his rights to authorship guaranteed by section 57 of the Indian copyright act. couldn't one argue that the movie makers impliedly accepted that a significant portion of the movie was based on the book? Else. The fact that some new scenes and sub plots were added afresh to the movie does not detract from the fact that significant portions of the book were copied onto the movie in the first place. the claim that the book only contributed 3-5% of the movie is blatantly false.html . irrespective of whether or not significant book portions were taken. Therefore. by crediting the movie to the book as per clause 4 outlined above (albeit a fleeting credit right at the end of the movie that one was likely to miss). why would they need to credit at all? Though technically.

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