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2002 Supreme(Bom) 1035

F.I.REBELLO
Star India Private Limited – Appellant
Versus
Leo Burnett (India) Private Limited – Respondent


Judgment

F.I. REBELLO, J.:---Plaintiffs carry on business of acquiring copyrights in cinematographic films, television serials, programmes etc., and also produce and commission production of television programmes for various television channels. The programmes so acquired or produced or commissioned, according to the plaintiffs, enjoy tremendous popularity amongst television viewers in India as also abroad. The plaintiffs entered into an agreement dated 9th April, 2000 with Balaji Telefilms Pvt. Ltd. (Balaji) in order to create, compose and produce 262 episodes of a television serial entitled "KYUN KI SAAS BHI KABHI BAHU THI"

The terms and conditions of that serial are as set out in the agreement. Reliance is placed on Clause 6 of the agreement, based on which it is contended that the plaintiffs are now the owners of the copyright of the episodes in the serial so far filmed. Since 9th April, 2000, Balaji has produced episodes of the serial "KYUN KI SAAS BHI KABHI BAHU THI". Full consideration has been paid and, thus, the plaintiffs are the exclusive owners of the copyright in this serial. Balajis service were engaged by way of contract of service and as such the plaintiffs are the f




































































































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