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Yusof, his son Syamsul and Skop Production will have the opportunity to prove that the High Court was right to reject the claim of the novelist Elias Idris.
Director Yusof Haslam will have to prove that his film "Bohsia: Jangan Pilih Jalan Hitam" was not based on a novel. (Photo by Bernama)
PUTRAJAYA: Producer Yusof Haslam, his son and their production company will have their day in Federal Court to prove that they have not based their film on a novel.
A three-member court, headed by Chief Justice Richard Malanjum, authorized their appeal request to overturn a decision of the Court of Appeal rendered last year.
The two legal questions to be debated later are:
# if the publication is sufficient for legal requirement of causal link, in order to succeed in a claim on the infringement of the right of author; and
# Does the court have a legal duty to review and assess the two separate documents, which are the subject of the claim for violation of the right of 39; author?
On March 21, the Court of Appeal hosted by the novelist Elias Idris, who claimed that Yusof, his actor-director Syamsul and their company, Skop Production Sdn Bhd, had infringed the right of "the right". author on the novel.
The novelist, who used the pseudonym Anne Natasha Nita, claimed that there were a lot of similarities. between his book and the defenders film, "Bohsia: Jangan Pilih Jalan Hitam", in terms of plot, characters and message.
Elias obtained a statement that the respondents had violated his copyright for his novel and an order for the respondents
A group of three, led by Abang Iskandar Abang Hashim, granted the 39 order to Elias after reversing the rejection of his trial by the High Court of Kuala Lumpur.
set aside a decision of the High Court that ordered Elias to pay RM 100,000 in damages to the respondents in their counterclaim against him (Elias) for defamation.
The court also granted an injunction to Elias to prevent the respondents and their agents from continuing to publish, broadcast, distribute and reproduce the film without his written consent.
The respondents were also ordered to deliver all copies and counterfeit goods to Elias or his nominee.
be taken to identify the profits received from the alleged infringement of the copyright and the amounts to be paid to Elias, which included interest.
Elias brought an action against Yusof, 63, whose real name is Md Yusof Md Aslam; Syamsul, 33; and Skop Production, November 24, 2014.
The defendants filed a counter-accusation against Elias for his two allegedly defamatory online articles, uploaded on November 7 and November 16, 2014.
In their defense, filed on January 5, 2015, the three said that they had never read or even heard of the novel and denied the film on it.
Skop Production Sdn Bhd released the film in 2009.
Lawyer K Periasamy appeared for Elias and adviser Mohamed Haniff Khatri Abdulla for the trio.
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