The plaintiff, a company, dissipating information and providing Public entertainment, predominantly in Malayalam, on the Malayalam channel called 'Asianet channel', has filed the suit for injunction, against the defendants / others, restraining them from infringing the plaintiff's copyright in respect of exclusive satellite television telecast rights of the Malayalam feature film 'Kattukuthira', either by reproduction or by broadcasting or in any other way; (b) directing the defendants to pay a sum of Rs.5 lakhs as damages.

2. The claim of the plaintiff is that the plaintiff acquired the rights for the satellite telecast of the Malayalam film from the right holder Mr.S.Venkatesan, the second defendant, by virtue of the agreement, dated 24.12.1994 (Ex.P1), who in turn is stated to have acquired the rights from one M/s. Pratheeksha Pictures by virtue of the letter, dated 09.12.1994 (Ex.P4)

2.1. According to the plaintiff, the second defendant has transferred the ''negative rights'' of the film Kattukuthira to him and the plaintiff has the exclusive right to transmit, retransmit, broadcast, rebroadcast, simulcast, either through direct broadcast satellite or point-to-point broadcasting system through satellite placed in extra terrestrial orbit for beaming down signals to the receiving units or apparatus or by any other system, method or technology.

2.2. The further contention is that the broadcast through satellite includes the theatrical rights also. The contract was for a period of ten years, expiring on the mid-night of 23.12.2004. The consideration was Rs.40,000/- which was paid by the plaintiff to the second defendant. The plaintiff has been exercising this telecast rights on its channel on 19.03.1995, 07.09.1995, 20.04.1996, 28.02.1997, 15.11.1997 and 06.08.1999.

2.3. The first defendant, without any right whatsoever, indulged in infringing the copyright vested in the plaintiff and the first defendant is telecasting the feature film 'Kattukuthira', in utter disregard of the sanctity of the contracts.

2.4. The plaintiff issued a notice calling upon the first defendant to desist from telecasting the suit film 'Kattukuthira'. In fact, the suit film was telecasted on 19.02.2000 in the first defendant's channel, called Suriya Channel and it was being done continuously.

2.5. The plaintiff has suffered damages on account of illegal telecast by the first defendant and the plaintiff values the damage at Rs.5 lakhs. The plaintiff has suffered loss of Revenue and Reputation. Hence, the plaintiff has filed the suit for injunction and damages.

3. The suit is resisted by the first defendant on the following grounds:-

3.1. The picture was produced by M/s. Arakkal Films, Trichur, of which, A.K.K.Bappu was the Proprietor. Censor certificate was granted on 30.12.1990. By an agreement, dated 08.06.1999, M/s. Arakkal Films, as copyright holder of the said film, i.e. Producer, assigned the terrestrial television and satellite Television broadcast rights in favour of M/s. Rasheena Associates, Rep. By its Proprietrix Mrs. Rasheena. M/s. Rasheena Associates assigned the rights in favour of P.K.Ravi. P.K.Ravi, by the assignment, dated 07.12.1999, assigned the rights in favour of the first defendant. This agreement was for a period of 24 years and 6 months from 07.12.1999.

3.2. M/s. Pratheeksha Pictures had at any rate acquired only distribution rights and not Satellite Television Broadcast Rights. Therefore, the plaintiff could not have acquired Satellite Television Broadcast Rights from M/s. Pratheeksha Pictures.

3.3. The relief for injunction is not maintainable after the expiry of the period for which the relief is claimed.

3.4. The first defendant has acquired the satellite broadcasting rights through competent person and they are entitled to exercise that right.

3.5. The claim for damages is unsustainable.

4. The following issues have been framed on 17.08.2009:-

(i) Whether the rights acquired by the 2nd defendant in the capacity of a producer from