How the tussle between 'Kedarnath' makers may spell trouble for newbie Sara Ali Khan

With the two producers of Kedarnath — KriArj Entertainment and Guy In The Sky Pictures — heading to court over their differences, will it be debutante actress Sara Ali Khan’s career that will end up bearing the brunt of it? Reportedly, she is under a contract and may require a NOC (No Objection Certificate) to do another film. Apparently, Anushka Sharma’s production house had offered her their new project Bulbul, but the newbie couldn’t sign it as Kedarnath was under production.

Due to the legal wrangle, the chances of the Abhishek Kapoor-directorial hitting the screens on its scheduled date (December 21) are dim. Today, almost all newcomers have strict contracts with the production house that’s launching them. An industry source elaborates, “They are either under contract for three films or for three-to-five years. If the contract is for a certain number of years, all the deals are routed through the producer or the agency which strikes the deal.”

ARE CONTRACTS A GOOD IDEA?

While such contracts help both, a newcomer and the production house, things can go haywire if the film gets into trouble. This raises the question of the fairness and necessity of such contracts. Filmmaker Ashwini Chaudhary says, “I am of the opinion that a producer/production house has the right to sign an exclusive contract with an actor/actress when they launch them. A lot of money and risk is involved in launching new faces in today’s time and clauses like three-film deals are, in a way, justified. All big banners are said to be following this norm. Even first-time directors are bound by such stipulations. If one is not in agreement with such clauses, they can always opt to not sign on the dotted line. Things tend to get ugly when the film is delayed or shelved. It is important for newcomers to have proper legal advice before getting into any contract.’’

CONTRACT KA SAWAAL

It may be recalled here that filmmaker Subhash Ghai had to take his Pardes heroine Mahima Chaudhary to court for violating the terms of the contract. Before starting Pardes, Mahima had agreed to do three films within five years and donate 35 per cent of her earnings from commercials, stage and TV shows to the Mukta Arts Welfare Trust. Ghai feels it’s mandatory to have a contract with a newcomer. He explains, “The company spends on his/ her grooming, marketing, and projects. I have always had a contract for three films, which included permission to do outside films after the first release. These included actors like Madhuri Dixit-Nene, Jackie Shroff, Manisha Koirala, Mahima, Kareena Kapoor Khan, Katrina Kaif and Hrithik Roshan to name a few. Some of them honoured it, while a few violated them.”

DELAY DILEMMA

Prem, which was supposed to be Tabu’s debut film took about eight years to complete. She stepped on the silver screen with Pehla Pehla Pyaar, opposite Rishi Kapoor. Satish Kaushik, director of Prem, recalls, “There was a contract, but I really don’t know the details of it. Our film got delayed and she got another offer. I don’t think we can really bind somebody after the threshold has been crossed, he/she should be allowed to go. Tying down anybody to the contract clauses could harm their career.”

In the recent years, Pulkit Samrat took Ekta Kapoor to court for non-payment and not allowing him to work outside, when there was no work for him at her company. The actor was shown his three-year contract when he evinced interest in working with another banner. Ekta refused and was in the process of sacking him, so he sued her and even won the case.

READ THE FINE PRINT

Cine and Television Artistes Association (CINTAA) has been asking their members to share their contracts, alleging that most deals are one-sided. The Association’s general secretary Sushant Singh says, “Star kids are still in a better position than those coming from a non-filmi background, the latter have no choice but to adhere to the diktats of the producers.”

This is not the case just with actors making debut in films, but also those working in TV shows. Singh says that TV debutants are bound by contracts that are unfair. Citing the case of the lead pair of Aisi Deewangi Dekhi Nahi Kahi, he says, “They came to us with a complaint that the producer has signed them for a three-to-five year contract with no renewals or holidays. They wanted to quit the show as their health was suffering. They were signed by the producer for 30 days and the contract with the channel was for 26 days. We fought for them and asked them to give a two-months notice and leave the serial. Fortunately, the serial was pulled out by the channel.’’

LOOK AT THE LAW

Singh points out that most of the contracts that actors sign often don’t hold much ground. He adds, “Newcomers, who are getting a break, should get it in writing from the producers that all their expenses would be borne by the latter while on contract. Also, there is nothing like an exclusive contract. Nobody can stop an actor from the right to livelihood, even if he/she is shooting for a serial. They have every right to do the things they want to post the shoot that they’re committed to the producer for.’’