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2012 Supreme(Mad) 2563
High Court of Judicature at Madras
P.R. SHIVAKUMAR
J. Surendran
Versus
Mrs. Sudha Vijayakumar & Another
C.S. NO. 17 OF 2004
Decided on: 21-06-2012
For the Plaintiff:C. Jagadeesh, Advocate.
For the Defendant:D1 M. Sriram, D2 –Vijayakumar, Advocates.
Under Section 15(1) of the Hindu Succession Act, 1956, the property of a female Hindu dying intestate shall devolve upon her sons and daughters (including the children of any pre-deceased son or daughter) and the husband. Therefore, where the copyright in an autobiography was not specifically dealt with in the author's Will and was not bequeathed to anyone, the copyright devolved upon the author's wife by way of intestate succession as the sole non-testamentary legal heir.
Headnote:
COPYRIGHT - OWNERSHIP - SUCCESSION - INTESTATE SUCCESSION - HINDU SUCCESSION ACT, 1956 - SECTION 15 - INTERPRETATION - COPYRIGHT VESTED WITH AUTHOR - NO ASSIGNMENT - NO BEQUEST - DEVOLUTION UPON SOLE LEGAL HEIR - OWNERSHIP ESTABLISHED.
Fact of the Case:
Plaintiff, son of late Janaki Ramachandran, claimed ownership of the copyright in the autobiography 'Naan Yen Piranthen' written by late Dr. M.G. Ramachandran. Plaintiff traced his title through intestate succession, as the copyright was not covered by the Will of Dr. Ramachandran or Janaki Ramachandran. Defendant, Dr. Ramachandran's daughter, claimed ownership through testamentary succession, arguing that all movables found in the M.G.R Garden, Ramavaram were subject to bequest and that the copyright was included in the bequest to Janaki Ramachandran and upon her death, to the defendant and four others.
Finding of the Court:
The court found that the copyright in the autobiography was not specifically dealt with in Dr. Ramachandran's Will and that it was not one of the properties bequeathed. The court also found that there was no evidence that Janaki Ramachandran ever claimed copyright in the autobiography. Therefore, the court concluded that the copyright devolved upon Janaki Ramachandran by way of intestate succession as the sole non-testamentary legal heir of Dr. Ramachandran.
Issues: 1. Whether the plaintiff is entitled to declaration of entire copyright in the work 'Naan Ean Piranthen', the written autobiography of late Dr.M.G.Ramachandran? 2. Whether the plaintiff is entitled to seek for permanent injunction against the defendants from, in any way, infringing the plaintiff's copyright in the work 'Naan Ean Piranthen'? 3. Whether the defendants are liable to render accounts to the plaintiff of the sale proceeds of the aforesaid work at the rate of Rs.350/- each volume? 4. Whether the plaintiff has any cause of action to file the suit? 5. To what relief the plaintiff is entitled?
Ratio Decidendi: The court held that under Section 15(1) of the Hindu Succession Act, 1956, the property of a female Hindu dying intestate shall devolve upon her sons and daughters (including the children of any pre-deceased son or daughter) and the husband. Since the plaintiff was the only son of Janaki Ramachandran, he became entitled to the ownership of the copyright as the sole non-testamentary legal heir of Janaki Ramachandran.
Final Decision: The suit was allowed and decreed in favor of the plaintiff. The court declared that the plaintiff was the absolute and exclusive owner of the entire copyright in the autobiography 'Naan Yen Piranthen'. The court also granted a permanent injunction restraining the defendants from infringing the plaintiff's copyright. The defendants were directed to surrender the books printed by them containing the autobiography to the plaintiff and to render a true and proper account of the sale proceeds of the books.
The plaint averments in brief, are, as follows:-
i) Plaintiff J.Surendran is the son of late Janaki Ramachandran @ V.N.Janaki. The first defendant Sudha Vijayakumar is the wife of Vijayakumar @ Vijayan and the second defendant is the printer by name Raja Rajan Pathippakam. Late Dr.M.G.Ramachandran, former Chief Minister of Tamil Nadu, wrote his autobiography with the title 'Naan Yen Piranthen'. The same was periodically published in the Tamil weekly magazine 'Anandha Vikatan'. The author late Dr.M.G.Ramachandran, was the exclusive and absolute owner of the copyright in the said work. In the publication made in the said magazine itself it had been specifically mentioned therein that the copyright in the said work remained with the author late Dr.M.G.Ramachandran. Dr.M.G.Ramachandran, died on 24.12.1987, leaving behind a Will dated 18.01.1987. The said Will has been probated in O.P.No.388 of 1992. After the demise of Dr.M.G.Ramachandran, the copyright in his autobiography 'Naan Yen Piranthen' got vested with his wife Mrs.Janaki Ramachandran @ V.N.Janaki. She passed away on 19.05.1996 leaving behind two Wills dated 22.02.1995 and 16.03.1995 respectively. The copyright in the autobiography of Dr.M.G.Ramachandran was not covered by any of the said Wills. On the demise of Mrs.Janaki Ramachandran @ V.N.Janaki, the exclusive ownership of the copyright in the above said autobiography 'Naan Yen Piranthen' got vested with the plaintiff as the legal heir of Mrs.Janaki Ramachandran @ V.N.Janaki, being her son. Thereafter, the plaintiff continues to be the exclusive and absolute owner of the copyright in the above said work.
ii) Mrs.Sudha Vijayakumar had initiated some legal proceedings against one Vijayan @ Ramakrishnan, the publisher and editor of a Tamil monthly magazine 'Idhayakkani' and one V.S.Shanmuga Ramasubramaniam, printer of the said magazine and obtained orders of interim injunction restraining the said persons from publishing the autobiography of late Dr.M.G.Ramachandran in the magazine 'Idhayakkani' or any other magazine. The said suit filed by them is pending on the file of the High Court and the same subsequently came to the knowledge of the plaintiff Surendran. Meanwhile, the plaintiff was shocked and surprised to note that the first defendant Sudha Vijayakumar was making an attempt to re-publish the autobiography of late Dr.M.G.Ramachandran titled 'Naan Yen Piranthen' without obtaining the consent of the plaintiff. Plaintiff also came to note that the second defendant was taking steps to publish the same at the instance of the first defendant. Hence the plaintiff issued a registered notice dated 26.12.2003 to the defendants 1 and 2 calling upon them not to infringe the plaintiff's copyright in the above said work. Though the said notice was received by the defendants 1 and 2, they did not bother to send any reply, which made the plaintiff to cause a public notice to be published in "Dinamalar" issue dated 09.01.2004 bringing the fact that he is the exclusive and absolute owner of the copyright in the above said work to the notice of the public. Even thereafter, the first defendant, in collusion with the second defendant, made attempts to print and publish the autobiography of late Dr.M.G.Ramachandran in two volumes infringing the exclusive and absolute copyright of the plaintiff. By such infringement of copyright, the defendants tried to unjustly enrich themselves without having any legal right to do so. Therefore, the plaintiff was constrained to file the present suit for permanent injunction restraining the defendants from in any way interfering with or infringing the copyright of the plaintiff in the above said autobiography of late Dr.M.G.Ramachandran. Despite the service of notice dated 26.12.2003 and publication of the public notice on 09.01.2004, defendants completed printing, published and sold the above said autobiography of late Dr.M.G.Ramachandran in two volumes priced at Rs.350/-each. Hence in the
