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P. SOMARAJAN
Saina Video Vision – Appellant
Versus
Century Films – Respondent
JUDGMENT :
P. SOMARAJAN, J.
1. The dispute is pertaining to the ownership of copy right pertaining to cinematographs (32 Malayalam movies). It is the subject matter of an assignment under Ext.A1 dated 17/04/1996 in favour of the second defendant by the owner/producer of the movies, the first defendant/first counter petitioner, from whom the plaintiff/petitioner had obtained internet and internet related rights under Ext.A2 assignment deed dated 11/11/2006. While so, the original producer, the first defendant had assigned internet and internet related rights to the third defendant and they began to use the said right over the 32 movies scheduled in the plaint. Hence, the plaintiff approached the civil court for declaration of their right over the 32 cinematographs (Malayalam movies) and obtained an ad interim injunction against the defendants. The third defendant in turn contested the interim injunction application claiming that they have purchased internet and internet related rights from the original owner/producer, the first defendant subsequently. Initially, an ex parte ad interim injunction was granted. But on appearance of the defendant and after hearing both the parties, the in
A complete transfer/assignment of copyright includes rights not contemplated at the time of assignment, unless a contrary intention is evident.
The main legal point established in the judgment is the absolute and indefinite assignment of sound recording rights in cinematograph films, granting the appellant exclusive rights to play, use, and ....
The main legal point established in the judgment is the requirement for a plaintiff to prove their right to copyright ownership and exploitation rights, as well as the necessity to comply with the pr....
The central legal point established in the judgment is the requirement for the party alleging undue influence to prove the same, the consideration of inadequacy in determining consent, and the interp....
Ownership of copyright, validity of assignment agreements, and entitlement to relief of declaration and damages under the Copyright Act, 1957.
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