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2021 Supreme(Mad) 1814
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Subramanian, J.
Sellappapa Keeran – Plaintiff
Versus
S. Vijayaraghavan, Proprietor of Vani Recording Co., Chennai & Another – Defendants
C.S. No. 241 of 2004
Decided On : 01-09-2021
For the Plaintiff :J. Sivanandaraaj assist by M/s. S. Kaushik Ramaswamy, Advocates. For the Defendant:Vasudha Thiagarajan, Advocate.
Headnote:
Original Side Rules - Order IV Rule 1 - Code of Civil Procedure, 1908 - Order VII Rule 1 - Copyright Act - Section 2(d), 17, 19 and 30 - Limitation Act - Article 88 - Copyright - Religious preacher and historian - Speeches, lectures - Infringement - Seeking defendants be directed to surrender to plaintiff on oath all master tapes, containing original recording of speeches, lectures and discourses and works of Late Keeran, or any other records, Audio Cassettes, Compact Discs or any other media whether magnetic or otherwise whether original or copies containing a record of speeches, lectures and discourses and works of Late Keeran more fully described in schedule - Whether plaintiff is sole owner of copyright in works of late Pulavar Keeran - Whether defendants are entitled to claim assignment within provisions of Copyrights Act - Whether suit claim is barred by limitation - Whether defendants are liable to render accounts to plaintiff for any alleged infringement of copyright - Whether plaintiff is entitled to any other relief - Held, There is no evidence to show that recordings were made by Pulavar Keeran, under any contract of service or during course of employment of Pulavar Keeran with first defendant - Plaintiff, as legal heir of author of literary work is entitled to first copyright of works of Pulavar Keeran - An assignment of copyright cannot be oral. Either a license or an assignment of a copyright has to be in writing in view of specific provisions of Section 19 and Section 30 of Copyright Act. Therefore, claim of defendant that he purchased copyright by paying consideration cannot be accepted in absence of any written agreement evidencing such assignment - Article 88 of Limitation Act, provides a period of three years to sue for infringement of a copyright, period begins to run from date of such infringement - Plaintiff is entitled to a declaration that she is owner of copyright in literary works of Pulavar Keeran, appended to schedule to pliant and injunctive reliefs namely a mandatory injunction directing defendant to surrender all master tapes containing original speeches, lectures and discourses and works of late Pulavar Keeran or any other records Audio cassettes, compact discs or any other media or device capable of reproducing lectures, speeches and discourses contained in schedule to plaint - Suit decreed
JUDGMENT :
(Prayer: Plaint filed under Order VII Rule 1 of the Code of Civil Procedure read with Order IV Rule 1 of the Original Side Rules, praying for the following judgment and decree:-
(a) a declaration that the plaintiff is the sole owner of the copyright in the works of Keeran more fully described in the Schedule hereunder;
(b) The defendants be directed to surrender to the plaintiff on oath all master tapes, containing the original recording of the speeches, lectures and discourses and works of Late Keeran, or any other records, Audio Cassettes, Compact Discs or any other media whether magnetic or otherwise whether original or copies containing a record of the speeches, lectures and discourses and works of Late Keeran more fully described in the schedule hereunder;
(c) A permanent injunction restraining the respondents, their men, agents, assigns, representatives, servants or anyone claiming through them from using, copying, reproducing and selling, distributing or broadcasting through radio, over the internet or other media or in any manner whatsoever exploiting or dealing with the records, Audio Cassettes, Compact Discs or any other storage media whether magnetic, laser or otherwise containing the speeches, lectures and works of late Keeran more fully described in the schedule hereunder until disposal of this suit.
(d) For a preliminary decree in favour of the plaintiff directing the defendants to render an account of the profits made by them by exploiting or dealing with the recorded works of late Keeran more fully described in the schedule hereunder from 1990 till the date of rendition of the accounts and a final decree be passed in favour of the plaintiffs for the amount of profits found to have been made by the defendants after they render accounts;
(e) to pay the cost of this suit.)
1. The plaintiff, wife of a famous Religious preacher and historian Pulavar Keeran seeks a declaration that she is the owner of the Copyright in the works described in the schedule and consequential injunctive reliefs directing the defendants to surrender to the plaintiff all master tapes containing the original recording of the speeches, lectures and discourses of Late Pulavar Keeran, or any other records, Audio Cassettes, Compact Discs or any other media containing a record of the speeches, lectures and discourses of late Pulavar Keeran, restrain the respondents, from reproducing, selling, distributing or broadcasting through radio, internet or any other media or in any manner exploiting the literary works of Pulavar Keeran, a preliminary decree for accounting and for costs.
1.1. The case of the plaintiff is that her late husband Pulavar Keeran, was a famous spiritual orator. He was born in Mayiladuthurai in 1935 and he was christened as Vaidyanathaswamy, by his parents. Even from his childhood, he showed interest in Tamil language, Tamil literature and various Hindu Epics. He studied extensively and started giving lectures and literary demonstrations of those epics. Apart from spirituality, he also added scientific substantiation to the events in the epics which made his speeches more interesting and he attracted huge crowds. Impressed by his interpretation and his style of presentation Thiru Arumugha Navalar, a great spiritualist blessed him and gave him the psuedo name of Keeran, thereafter he came to be known as “Pulavar Keeran”. His spiritual carrier spreads over 31 years, during which time he attended several spiritual conferences and gave lectures on various topics. He had a large following and had won several awards and titles. His lectures varied from the epics Ramayana and Mahabaratha, to the works of Subramania Bharathiyar.
1.2. He was also good at drawing analogy from various other literatures around the world. He had travelled to various South Asian Nations, apart from England, United States and Canada. He was sponsored as the representative of the Government of Tamil Nadu for the Conference on Ramayana held in Toronto, Canada i
