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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. VAIDYANATHAN, J.
B. Pradeep & Others - Petitioner
Versus
All In Pictures, Nandanam Extension, Chennai & Others - Respondents
A.Nos. 2236 & 2237 of 2019 in O.A.Nos. 175 & 176 of 2019 in C.S.(Comm) No. 150 of 2019
Decided On : 10-05-2019
Copyright Infringement - Dubbing Rights - The Copyright Act, 1957 - Section 2(f), Deed of Assignment - [CINEMATOGRAPHIC FILM, DUBBING RIGHTS, COPYRIGHT INFRINGEMENT] - The court discussed the interpretation of 'cinematographic film' under Section 2(f) of The Copyright Act, 1957 and the rights assigned in the Deed of Assignment. The key legal provisions were analyzed to determine the scope of dubbing rights and copyright infringement, influencing the court's decision to vacate the interim orders and impose conditions on the Defendant No.2.
Fact of the Case:
The Plaintiff sought permanent injunction and damages for copyright infringement related to the exclusive dubbing rights of a movie. The court granted interim injunction but later vacated it, leading to the current dispute.
Finding of the Court:
The court found that the Plaintiff had been assigned exclusive dubbing rights of the movie, distinct from the copyright in the cinematographic film. It concluded that the interim orders could not go beyond the scope of the main prayer and imposed conditions on the Defendant No.2.
Issues: The issues revolved around the assignment of dubbing rights, copyright infringement, and the impact of interim orders on the rights of the parties.
Ratio Decidendi: The court held that the Plaintiff's dubbing rights were distinct from the copyright in the cinematographic film and that the interim orders could not exceed the main prayer. It also imposed conditions on the Defendant No.2 to deposit a sum and release the Hindi version of the Telugu film after 60 days.
Final Decision: The court vacated the interim orders and directed the Defendant No.2 to deposit a sum and release the Hindi version of the Telugu film after 60 days. It also set deadlines for filing written statements and listing the main suit for hearing.
Certainly. Based on the provided legal document, the key legal points are as follows:
The court clarified the distinction between dubbing rights and the copyright in the cinematographic film. It emphasized that dubbing rights are a separate and independent right from the copyright in the film itself (!) .
The court held that the assignment of "Sole and Exclusive Dubbing Rights" in the agreement pertains specifically to the translation and dubbing of dialogues and literary work, which are distinct from the copyright in the film's cinematographic work (!) (!) .
The scope of the rights assigned was limited to the dubbing of the film in specified languages, excluding certain South Indian languages, and these rights only commence after a specified period (90 days from theatrical release) (!) (!) .
The court recognized that interim orders cannot extend beyond the main relief sought in the suit. Therefore, interim injunctions related to the rights in dispute were vacated or modified to ensure they do not overreach the main prayer or the scope of the rights actually assigned (!) (!) (!) .
The court imposed conditions on the defendant, including the deposit of a sum of Rs.30,00,000, which was to be invested in fixed deposit, to safeguard the interests of the parties pending the final decision (!) (!) .
The court acknowledged that the rights in the literary work (dialogues) are separate from the rights in the film itself, and that the rights to produce a dubbed version only accrue after the film's theatrical release, which impacts the timing and scope of any exploitation rights (!) (!) .
The decision also highlighted that allegations of copyright infringement need to be examined thoroughly during the trial, and interim orders should not prejudge the merits of the case (!) .
The court’s final order included vacating the earlier interim injunctions, with the condition that the defendant deposit the specified sum and adhere to the agreed timeline for releasing the dubbed version, thus balancing the rights of the parties and ensuring no prejudice is caused prior to a final judgment (!) (!) .
These points collectively underscore the importance of clearly distinguishing between different rights (dubbing vs. copyright), the limited scope of interim relief, and the procedural safeguards to protect parties' interests during the pendency of the suit.
For the sake of convenience, the Parties are described as per their original nomenclature assigned to them in the suit.
2. The Plaintiff had filed C.S.(Comm) No.150 of 2019, seeking for the following relief:
(a) Permanent injunction, restraining the defendants, their men, agents, successors-in-business, assigns, representatives or any person claiming through or under them from in any manner exploiting the plaintiff's sole and exclusive "Hindi and all other North Indian languages Dubbing Rights" excluding Tamil, Telugu, Kannada and Malayalam in the movie titled "GORILLA", amounting to copyright infringement, by claiming any rights over the said Hindi dubbing rights already assigned to the Plaintiff;
(b) Permanent injunction, restraining the 1st Defendant, their men, agents, successors-in-business, assigns, representatives or any person claiming through or under them from alienating, releasing, exhibiting, distributing, assigning, transferring, selling, offering for sale and otherwise using in any manner whatsoever the said "Hindi and all other North Indian languages Dubbing Rights" to any other person, in any manner whatsoever;
(c) To direct the Defendant No.2 to surrender to the Plaintiff the audio, visual, publicity footages, physical prints and/or digital prints/copies of the film “GORILLA” received from the Defendant No.1 for destruction and any other materials in Defendant No.2's possession, which amounts to infringing the exclusive dubbing rights of the Plaintiff;
(d) the Defendant No.1 be ordered to pay to the Plaintiff a sum of Rs.30,00,000/- as liquidated damages for violating the terms of the Deeds of Assignment and Indemnity dated 20th January, 2018;
(e) for costs; and
(f) for such other and further relief’s as the nature and circumstances of the case may require and thus render justice.
3. Along with the main suit, the Plaintiff filed Original Applications with the following interim prayer:
(i) O.A.No.174 of 2019 - To grant an order of interim injunction restraining the respondents, their men, agents, successors-in-business, assigns, representatives or any person claiming through or under them from in any manner exploiting the applicant's sole and exclusive "Hindi and all other North Indian languages Dubbing Rights" excluding Tamil, Telugu, Kannada and Malayalam in the movie titled "GORILLA", amounting to copyright infringement, by claiming any rights over the said Hindi dubbing rights already assigned to the Applicant, pending disposal of the suit.
(ii) O.A.No.175 of 2019 - To grant an order of interim injunction restraining the 1st Respondent, their men, agents, successors-in-business, assigns, representatives or any person claiming through or under them from alienating, releasing, exhibiting, distributing, assigning, transferring, selling, offering for sale and otherwise using in any manner whatsoever the said "Hindi and all other North Indian languages Dubbing Rights" to any other person, in any manner whatsoever, pending disposal of the Suit.
(iii) O.A.No.176 of 2019 - To grant an order of interim injunction restraining the 1st Respondent, its men, servants, agents, authorized representatives, successors and any other persons authorized to act for and on its behalf from in any manner theatrically releasing and/or broadcasting vide satellite, the cinematograph film titled "GORILLA" either in Tamil language or Telugu language starring actor Jiva, Shalini Pandey and others, directed by Don Sandy, pending disposal of the Suit.
4. On 21.02.2019, this Court, finding a balance of convenience in favour of the Plaintiff, had granted interim injunction in the Original Applications, for a period of four weeks in addition to issuing both Court and Private notice. Subsequently, the 1st Defendant took out three Application Nos.2235 to 2237 of 2019, seeking to vacate the interim orders granted by this Court on 21.02.2019 and on 26.03.2019, this Court, while vacating the interim order in O.A.No.174 of 2019, had observed as follo
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