In 2007, Kolkata's FD Block Puja Committee faced a copyright lawsuit from J.K. Rowling and Warner Bros. for recreating Hogwarts Castle as a Durga Puja pandal. Despite the legal challenge, the Delhi High Court allowed the theme to remain until the festival's end, emphasizing its non-profit nature while mandating future compliance with copyright laws.
DURGA PUJA is the biggest festival celebrated by Bengalis, during which they honor Goddess Durga and commemorate her victory over the demon Mahishasura. People wait for the festival throughout the year, and when it finally arrives, they can be seen visiting massive, decorated, and themed pandals, dressed in ethnic attire and wearing smiles on their faces. A pandal is a massive temporary structure made of bamboo and cloth, where an idol of Goddess Durga is placed for worship.
In West Bengal, India, pandals feature different themes every year. This year, the themes include the Hawa Mahal-inspired pandal by Sreebhumi Sporting Club, The Lotus by Suruchi Sangha, Bengal's folk culture by Chetla Agrani, Vande Mataram by Santosh Square, and many others. However, this is not a recent concept. Back in 2007, a beautiful pandal in Kolkata became the subject of a lawsuit.
The pandal was based on Hogwarts Castle from the Harry Potter series and was brought to life by a Kolkata-based organizing committee. The FD Block Puja Committee in Salt Lake, Kolkata, decided to recreate the school of witchcraft and wizardry as part of its Durga Puja celebrations. Many people came to see the pandal and were amazed by its majestic appearance. However, as the structure neared completion, the organizers faced a copyright issue involving author J.K. Rowling and Warner Bros.
In October 2007, the FD Block Puja Committee in Salt Lake, Kolkata, created a huge castle in which an idol of Maa Durga, seated on a lion and slaying the demon Mahishasura, was placed.
The 96-foot-tall pandal was designed to resemble the fictional school of Hogwarts, where the main character, Harry Potter, studied magic with his friends. The school building is depicted as a huge castle with massive pillars and blue-tipped towers, which the organizers replicated.
The organizers planned to elaborate on the pandal's design by including figures of Harry Potter and his friends, along with a model of the Hogwarts Express train, which they intended to paint bright red to make the castle look more beautiful. There were also hanging candles and many other elements inspired by the series to make the structure look realistic. The entire structure incorporated a fantasy theme while retaining its religious essence.
The pandal was estimated to cost approximately Rs 12 lakh. The idea was to attract visitors who were fans of the magical series so that they could instantly recognize the books and films. However, just as the preparations were nearing completion ahead of the festival, the organizers faced copyright allegations from J.K. Rowling and Warner Bros., which held the rights to the Harry Potter franchise.
The lawsuit was reportedly initiated on October 8, 2007, after J.K. Rowling challenged the alleged copyright violation. The secretary of the FD Block Durga Puja Committee, Santanu Biswas, said the organizers were unaware that they needed to seek permission from the copyright holders. They also explained that the motive behind the pandal was to attract visitors and not to make a profit.
Despite this, the copyright holders maintained their position, and compensation of Rs 20 lakh was reportedly sought over the alleged infringement.
The matter then reached the Delhi High Court, where the case was heard. The court ruled in favour of Warner Bros., affirming that copyright law needed to be respected, but allowed the organizers to use the theme until the festival ended. The court noted that the use of Harry Potter elements at the Durga Puja festival was a non-profit activity with no intention of financial gain.
The court therefore declined to restrain the organizers from displaying the Hogwarts Castle replica during the festival. It allowed the committee to use the structure and images of the characters until October 26, 2007. However, the committee was required to sign an undertaking stating that it would not use characters from the books without permission in the future.
(Edited by Harsh Pandey)
[OG/VP/HP]
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