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High Court of Judicature at Madras
R. SUDHAKAR, J.
R. Radha Krishnan
Versus
A.R. Murugadoss & Others
Original Application Nos. 710 & 711 of 2013 in C.S. No. 639 of 2013
Decided on: 25-09-2013
Copyright Infringement - Film Title - Copyright Act, 1957, Sections 13, 14, 16 - The court held that the title 'Raja Rani' used by the defendants did not amount to copyright infringement as the title alone cannot be protected under the law of Copyright. The court also emphasized that the provisions of the Copyright Act, particularly Sections 51, 55, and 58, were not applicable to the case. The injunction sought by the plaintiff was declined.
Fact of the Case:
The plaintiff filed a suit seeking permanent injunction against the defendants from using the title 'Raja Rani' for their feature film, claiming infringement of copyright. The plaintiff produced a short film with the same title and registered it with the Film and Television Producers Guild. The defendants' film was a full-length feature film.
Finding of the Court:
The court found that the title 'Raja Rani' used by the defendants did not constitute copyright infringement as the title alone cannot be protected under the law of Copyright. The court also emphasized that the provisions of the Copyright Act, particularly Sections 51, 55, and 58, were not applicable to the case. The injunction sought by the plaintiff was declined.
Issues: The issues involved the alleged infringement of copyright in the title 'Raja Rani' by the defendants for their feature film, and the plaintiff's claim for permanent injunction based on the alleged infringement.
Ratio Decidendi: The court held that the title alone cannot be protected under the law of Copyright and emphasized that the provisions of the Copyright Act, particularly Sections 51, 55, and 58, were not applicable to the case. The court also found that the suit for permanent injunction based on alleged infringement of copyright was not maintainable.
Final Decision: Both the Original Application Nos.710 and 711 of 2013 were dismissed by the court.
R. Sudhakar, J.
O.A.No.710 of 2013 is filed under Order XIV Rule 8 of Original Side Rules read with Order XXXIX Rules 1 and 2 and Section 151 CPC praying to grant an order of interim injunction, restraining the first respondent, his heirs, legal representatives, agents and any other person authorized by him, from releasing the film Titled "RAJA RANI" starring Arya, Jai, Nayanthara, Nasriya or any other actor or actresses and Directed by Atlee and proposed to be released on 27th September 2013 or any other future date.
2. O.A.No.711 of 2013 is filed under Order XIV Rule 8 of Original Side Rules read with Order XXXIX Rules 1 and 2 and Section 151 CPC praying to grant an order of ad-interim injunction, restraining the first respondent, his heirs, legal representatives, agents and any other person authorized by him, from using the Title of the Plaintiff's short film 'RAJA RANI' to the Defendant's feature film starring Arya, Jai, Nayanthara, Nasriya or any other actor or actresses and Directed by Atlee and proposed to be released on 27th September 2013 or any other future date.
3. Heard Mrs.M.Christella, learned counsel appearing for the applicant/plaintiff; Mr.R.Krishnamoorthy, learned senior counsel representing Mr.S.Vijayaraghavan, learned counsel appearing for the first respondent/first defendant; Mrs.Maimoona Badsha, learned counsel appearing for the third respondent/third defendant and Mr.R.Gandhi, learned senior counsel representing Mr.G.K.Muthukumaran for M/s.GMS Law Associates, learned counsel appearing for the fourth respondent/fourth defendant.
4. The Civil Suit is filed for the following relief:-
"for permanent injunction restraining the Defendants, their heirs, legal representatives, agents and any other person authorized by them, from using the title of the plaintiff's short film “RAJA RANI" to the 1st Defendant's feature film, Directed by Atlee, starred by Arya, Jai, Nayanthara and Nasriya or any other actors or actresses morefully described in the schedule to the plaint”.
5. Applicant/Plaintiff Thiru R.Radha Krishnan claims to be a public spirited citizen. In order to eradicate evils of the society he has been undertaking several projects producing short films touching upon social issues that affect the society. In that endeavour he proceeded to shoot a short film by name and title "Raja Rani". The concept of the movie is to highlight the deplorable treatment meted out to Aravanis (Transgender). For the said short film, the applicant/plaintiff registered the name "Raja Rani" with the second respondent/second defendant Film and Television Producers Guild of South India, Chennai-600 034 on 15.10.2009, vide plaint document No.3. Thereafter, the applicant/plaintiff has made an application to the Central Board of Film Certification by application dated 1.6.2011, vide plaint document No.5. The said application was in respect of a documentary running upto 22 minutes and 40 seconds and produced in Digital Video Disc (in short “DVD”) Format. Censor Certificate was issued on 6.6.2011 by the Government of India, vide plaint document No.6 for video film titled “Raja Rani” (Tamil) Colour running upto 22 minutes and 40 seconds.
6. It is a case of the applicant/plaintiff that he has applied to Government for Financial Assistance and the Government is considering his claim. In the meanwhile, coming to know that the first respondent/first defendant is endeavouring to shoot a film by name and style “Raja Rani”, the applicant/plaintiff caused a notice on 8.11.2012 vide plaint document No.8 which it is stated as returned as refused.
7. Applicant/Plaintiff relies upon the second respondent's/second defendant's Rules and Regulation of the Guild, particularly, Clause 8, 10 and 11, vide plaint document No.10 for protection of the title. It provides for safeguard of the title name by members of the second respondent/second defendant.
8. Learned counsel for the applicant/plaintiff issued a notice to the first respondent/first de
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