Point of Law: Producer being author of a cinematograph film has all rights in film as conferred under Section 14(d)(iii) of Act, including right to dub and subtitle, subject, however, to any restrictive condition(s) being put by parties.

JUDGMENT :

Jyoti Singh, J.

I.A. 4813/2022 (under Order 39 Rules 1 and 2, CPC, by Plaintiff) 6039/2022 (under Order 39 Rule 4, CPC, by Defendant No. 1), 6078/2022 (under order 39 Rule 4, CPC, by Defendant No. 2)

1. Present suit has been filed by the Plaintiff seeking permanent injunction restraining Defendants No. 1 and 2 and all others acting on their behalf from making, producing, exhibiting or communicating to the public the suit film (as described hereinafter) or any part thereof in any manner, including but not limited to theatres, television, OTT platforms, etc., so as to infringe Plaintiff’s copyright in respect of Remake and Dubbing Rights of the Malayalam film in Hindi language.

2. Case of the Plaintiff as set out in the plaint is that in or around March, 2020, Plaintiff’s creative team came across a Malayalam film ‘Ayyappanum Kozhiyum’, which was released on 07.02.2020 and was a huge success commercially. Plaintiff decided to remake the film in Hindi language and being a commercially lucrative venture, Plaintiff approached the producer of the film, i.e., Defendant No. 3 and Late Kovakattu (Defendant No. 4 herein is the wife of Late Kovakattu) and sought assignment of Hindi Remake Rights in the Malayalam film.

3. Pursuant to negotiations, an Assignment Agreement was executed on 13.05.2020, between Plaintiff and Defendant No. 3 and Late Kovakattu, under which Hindi Remake Rights in the Malayalam film were assigned to the Plaintiff. It is averred that under the said Agreement, Plaintiff was assigned the exclusive, perpetual and irrevocable ‘Remake and Dubbing’ rights, to be exercised in all modes, mediums and formats. The rights assigned, to the extent relevant for the present case included: (a) the sole right to make a new cinematograph film based on the Malayalam film in Hindi language; (b) right to dub the Malayalam film as well as the Hindi remake in any or all languages; and (c) right to subtitle in any language for any purpose through any media. Around July, 2020 Plaintiff commenced pre-production of the Hindi Remake in accordance with rights granted under the Agreement dated 13.05.2020.

4. On or around 04.03.2022, Plaintiff came across a trailer of a Telugu film on You-Tube, titled ‘Bheemla Nayak’ (hereinafter referred to as the ‘suit film’), dubbed in Hindi, though the release date was not announced. Since this indicated a potential infringement of Plaintiff’s rights, Plaintiff immediately enquired from Defendant No. 3 about the nature of rights assigned to Defendant No. 1, i.e., the producer of the suit film. Defendant No. 3, in response, clarified that only limited rights had been assigned to Defendant No. 1 to remake the Malayalam film in Telugu language and also supplied a copy of Assignment Agreement dated 18.03.2020, executed between Defendant No. 3 and Defendant No. 1.

5. Plaintiff was categorically informed that Defendant No. 1 wanted to expand the scope of rights under the Agreement dated 18.03.2020 and had circulated an amended version of the Agreement to include clause 3, so as to acquire rights of dubbing beyond the Telugu language, but Defendant No. 3 had refused to execute an amended Agreement.

6. However, on learning that exploitation rights of the suit film had been assigned to one Goldmine Telefilms Pvt. Ltd., Plaintiff sent a Legal Notice highlighting its rights and called upon Defendant No. 1 to cease and desist from releasing the suit film in theatres or through any other mode or medium, as that would amount to infringement. On receiving a reply to the Notice from Defendant No. 1 stating that by virtue of being the producer of the Telugu remake suit film, Defendant No. 1 was the copyright owner, Plaintiff had no option but to approach this Court.

CONTENTIONS RAISED ON BEHALF OF THE PLAINTIFF

7. The Malayalam film of which Defendants No. 3 and 4 are equal owners is a copyrighted work within the meaning of Section 13 of the Copyright Act, 1957 (hereinafter referred to as the ‘Act’) and they are thus entit