2002 Supreme(Del) 298
High Court Of Delhi
MIRABAI FILMS PRIVATE LIMITED - Appellant
Versus
HATHWAY CABLE AND DATACOM - Respondent
Decided On : 02/28/2002
The discretionary nature of granting injunctions and the need for a strong case of probability of apprehended mischief, along with the requirement for corroborative documents to support allegations of infringement.
Headnote:
Copyright Infringement - Film Production - Copyright Act - Section 36, 37 - The court discussed the principles relating to the grant of injunction under Order 39 rules 1 and 2 of the Code of Civil Procedure and the Specific Relief Act. It emphasized the discretionary nature of granting injunctions and the need for a strong case of probability of apprehended mischief. The court also highlighted the distinction between temporary and perpetual injunctions and the requirement for corroborative documents to support allegations of infringement. The court found that the plaintiff failed to provide sufficient evidence to support the injunction and dismissed the applications.
Fact of the Case:
The plaintiff, a film producer, filed suits against cable television network operators for copyright infringement of the film 'MONSOON WEDDING'. The plaintiff sought temporary injunctions under Order 39 Rules 1 and 2 of the Code of Civil Procedure to restrain the defendants from telecasting the film without authorization.
Finding of the Court:
The court found that the plaintiff's allegations were vague and general in nature, lacking specific evidence to support the claims of copyright infringement. It emphasized the discretionary nature of granting injunctions and the need for a strong case of probability of apprehended mischief. The court concluded that the plaintiff failed to provide sufficient evidence to support the injunction and dismissed the applications.
Issues: The main issue was whether the plaintiff was entitled to a temporary injunction to restrain the defendants from telecasting the film 'MONSOON WEDDING' without authorization.
Ratio Decidendi: The court emphasized the discretionary nature of granting injunctions and the need for a strong case of probability of apprehended mischief. It highlighted the distinction between temporary and perpetual injunctions and the requirement for corroborative documents to support allegations of infringement. The court found that the plaintiff failed to provide sufficient evidence to support the injunction and dismissed the applications.
Final Decision: The court held that the plaintiff was not entitled to any injunction as sought for in the present suits. All the applications filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure were held to be without any merit and were dismissed.
( 1 ) THE plaintiff herein has filed several suits as against different defendants, almost on the same subject matter. In the said suits the plaintiff has also sought for temporary injunction, as prayed for in the applications filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure for making the same operative till the final disposal of the suits- As the contents of the said applications are almost similar and as the issues are also similar I propose to take up all the applications filed by the plaintiff herein, together and dispose of the same by this common judgment and order. ,
( 2 ) THE plaintiff has stated that the plaintiff carries on the business of- film production and that recently it was engaged in the production venture of the film MONSOON WEDDING,, which was completed and was ready for screenings, when the present suits were filed by the plaintiff against the defendants.
( 3 ) THE defendants herein ares all cable television network operators providing cable television networks cable internet access and other related services in several parts of the country, it is stated by the plaintiff in the plaints that the plaintiff has produced the aforesaid film and by virtue of the provisions of the Copyright Act, the plaintiff has the exclusive right to make a copy of the film including a photograph of any image forming part thereof and to sell or give on hire or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions and to communicate the film to the public. It is also stated that distribution and exploitation of the film is crucial to the success of a film and that a film represents a bundle of rights that may be exploited in a variety of media including theatrical and non-theatrical performances, communication to the public through satellite TV, cable TV and Pay TV, issue of copies of the film through Home Video and other formats both in India and overseas. It is also stated that as the first stage of the distribution strategy generally involves theatrical release as the window, it is vital that the film be available to the public only at a few select theatres and that the time period set for the first window release may vary depending on many factors. It is further stated that once the film has run its. course at theatres/cinema halls, the film is generally released through a second window, which is normally in the form of home videos and thereafter the stage is set for releases of the film through other windows and media-
( 4 ) IT is alleged that new films are shown unscrupulously all over India on the networks of the defendants without any authority whatsoever from the owners of copyrights therein and most of the time these cinematograph films are infringing/pirate copies which these cable operators produce and/or procure and that the defendants herein are habitual offenders and in spite of several injunction orders passed against them have not restrained from showing films on their network for which they have no authorisation- it is further alleged that the defendants completely control and are responsible for the management and operation of a cable television network and that the said defendants provide these services almost all over India through their associate and/or subsidiary companies, its distributors, agents, franchises, distributors, head-ends and cable operators and, therefore, the suits were filed seeking for permanent injunction restraining the defendants, their proprietor, partners, directors, servants, agents, representatives, franchises, distributors, assigns, cable operators and head-ends from telecasting, broadcasting or in any other way communicating to the public either by means of wireless diffusion or "by wire, the plaintiff s cinematograph film MONSOON wedding, the copyright of which vests in the plaintiff, Along with the plaints applications for temporary injunction were also filed seeking for