PUTRAJAYA, July 24 (Bernama) --Local film producer Datuk Yusof Haslam and two others were given the nod to proceed with their appeal against a Court of Appeal's ruling pertaining to alleged copyright infringement of a novel "Aku Bohsia".
Chief Justice Tan Sri Richard Malanjum, chairing the Federal Court three-man bench, allowed the leave to appeal application brought by Yusof, his actor-director son Syamsul and their company, Skop Production Sdn Bhd.
He accepted two legal questions of law relating to copyright infringement claim which was posed by the applicants' counsel Mohamed Haniff Khatri Abdulla for determination by the Federal Court at the appeal hearing.
Federal Court judges Tan Sri Zainun Ali and Tan Sri Aziah Ali were the other two judges.
On March 21, last year, the Court of Appeal three-man bench allowed novelist Elias Idris's copyright lawsuit against the applicants (Yusof, Syamsul and Skop Production).
The novelist (Elias) who used the pseudonym Anne Natasha Nita, claimed there were many similarities between his book "Aku Bohsia" and the applicants' movie, 'Bohsia: Jangan Pilih Jalan Hitam', in terms of plot, characters and message.
The Court of Appeal had granted Elias an order to declare that the applicants had violated his copyrights for his novel and an order for them to pay him damages, to be assessed by the High Court.
An injunction order was also given to Elias by the appellate court to prevent the applicants, their agent from further publishing, broadcasting, distributing and the reproduction of the film without his (Elias's) written consent.
The applicants, meanwhile, were also ordered by the Court of Appeal to deliver all infringed copies and goods to Elias or his nominee.
The Court of Appeal comprising Justices Datuk Abang Iskandar Abang Hashim, Datuk Dr Badariah Sahamid and Datuk Mary Lim Thiam Suan had allowed Elias's appeal and reversed the Kuala Lumpur High Court's dismissal of his lawsuit against the applicants.
It (the Court of Appeal) also set aside a High Court's order for Elias to pay RM100,000 in damages to the applicants in their counter-claim against him (Elias) for alleged defamation.
Elias, 65, filed the lawsuit against Yusof, 63, whose real name is Md Yusof Md Aslam, Syamsul, 33, and Skop Production, on Nov 24, 2014.
Yusof, Syamsul and Skop Production filed a countersuit against Elias over his two allegedly defamatory online articles, uploaded on Nov 7 and Nov 16, 2014.
In their defence filed on Jan 5, 2015, Yusof, known for his Gerak Khas drama, Syamsul, and Skop Production said they had never read or even heard of the novel and denied basing the film on it.
Skop Production Sdn Bhd released the movie in 2009.
Elias was represented by lawyers K. Periasamy and K. Revindran while the applicants were represented by a team of lawyers led by Mohamed Haniff Khatri Abdulla.
After the court's decision, Mohamed Haniff told reporters that he would file the notice of appeal within two weeks' time.
-- BERNAMA
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