Barbara Taylor Bradford has given up her fight against an Indian production company she accused of violating her copyright for A Woman of Substance, claiming the Indian courts have made it impossible for her to get a fair trial.
Last Monday, the Supreme Court of India refused to impose a permanent injunction against the Sahara Network to prevent it from airing a series Bradford contends is based on her 1979 bestseller. This latest legal defeat convinced Bradford, who has already spent in the low six figures of her own money on the battle, that continuing would be futile, said the author's spokesperson, Lonnie Ostrow.
"At this point, what's Barbara's recourse? The show has already been allowed to go on the air. It's a clear-cut case of plagiarism," Ostrow said. Ostrow added, however, that Bradford is considering taking her complaint to the World Intellectual Property Organization.
The author did succeed in keeping the series off the air for six weeks after winning a preliminary injunction in May. However, an appeals court ruled there was not enough evidence to show the production company violated her copyright and ordered Bradford to pay $3,200 for every week the series was delayed. On Monday, the Supreme Court said she did not have to pay the penalties.
Ostrow said the court's siding with Sahara is an ominous sign. "Anybody's work can be taken and used and modified, and it seems like no matter what the circumstance, it doesn't look like India's court system will allow them to make a challenge to the Bollywood industry."
