Delhi HC summons Bear Grylls on copyright claim by Indian scriptwriter over ‘Get Out Alive with Bear Grylls’

As it was informed that the programme was being telecast for the past 10 years, the court asked Sharma’s counsel, senior advocate Sanjeev Anand, “You woke up after 10 years?”. He replied that the show was not telecasted in India until earlier this year and “at least in India, they (Grylls and the broadcasters) must not proceed further”. The court, however, said that his client had the remedy of damages.

At this point, Pravind Anand suggested that mediation could be explored between the parties. Sharma’s counsel, however, said that all the defendants were not represented in the court.

The HC observed that the mediation between Sharma and Grylls may begin as of now and referred the two parties to the Delhi High Court Mediation and Conciliation Centre for mediation to be held on January 17, 2023 at 4pm. The court further issued a notice on the application seeking an interim injunction against the telecast of the Grylls show till the main lawsuit is decided.

The court issued summonses to the other defendants–Tom Shelly, vice-president of NBC Universal Inc. alleged to have co-developed the show, television conglomerate Warner Brothers (WB) Discovery, NBCUniversal Inc., NatGeo India, which broadcasted Grylls show in India, the OTT platform Hotstar and Walt Disney. The main suit is listed before the court for February 22, 2023.

Sharma claims that in 2009 he conceptualised a reality TV show titled Aakhri Dum Takk-Till the Last Breath, which was his original literary/ dramatic work protected under the Copyright Act. “…A TV reality programme of 7-8 episodes to be produced by taking 20 people to the jungle to take up challenges to overcome the natural obstacles in different extreme terrains and sail through for about a month in the jungle without any help. After every task and stunt, a team was supposed to be eliminated, and at the end of the show a winner was supposed to win a huge monetary award….that the copyright of the aforesaid script, production format and concept being the original literary work of the plaintiff (Sharma) was duly registered and granted to him by the registrar of copyrights, Government of India, on January 10, 2011,” the plea states.

The plea states that Sharma submitted his script to WB Discovery on May 7, 2011, “in good faith” specifying that it was a copyrighted work. However, he received an email stating that the script did not meet the platform’s current programming demands and that it had been discarded.

Sharma claims that in March this year, he found out that the show Get Out Alive with Bear Grylls, produced by Grylls, Shelly and NBCUniversal Inc, was being broadcasted on Disney+ Hotstar, the OTT platform owned by Walt Disney. He claims that when he submitted his script to WB Discovery, Grylls was working with the company and resigned later. He further claims that Grylls thereafter “produced the infringing programme/show with NBC Universal Inc, by citing it as his original show developed with Shelly ”.

Sharma claims that he minutely examined the show from beginning to end and found that the entire show was created and filmed in the manner as was drafted by him in his original copyrighted script. “The locations mentioned in the said work are the same as that of the said infringing show.The entry, interval, climax and the concept of the entire infringing show was based on and filmed in the manner formulated by Sharma in his script, which was submitted to WB Discovery, keeping in mind Grylls as the host of the programme,” the plea states.

The plea further states that the show was not telecasted and broadcasted in India immediately on its making but was streamed on an OTT platform after 10 years so that the Sharma would not come to know about the alleged infringement.

Sharma has prayed for a “permanent injunction” against Grylls and the other defendants from broadcasting the show including on television, OTT platforms or on the internet, restraining them from infringing on Sharma’s claim to his copyrighted script. Sharma has sought damages of Rs 2,00,01,400 as well as a “written apology” and public statement that the defendants shall not infringe on his copyrighted work henceforth and withdraw the work immediately.