JUDGMENT :

(Prayer: This Suit is filed under Order IV Rule 1 of Original Side Rules read with Section 7 of Commercial Courts, Commercial Appellate Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (4 of 2016) read with Section 55 of the Copyrights Act and Order VII Rule 1 of C.P.C.

(a). For declaration, declaring the plaintiff is the sole and absolute copyright owner in respect of telecasting 57 movies morefully set out in the Schedule of List hereunder to telecast the same through cable, cable TV, cable TV channel, Set Top Box, etc., throughout the area of entire Tamil Nadu and other areas as contemplated in the respective agreements entered into between the plaintiff and the respective Producers;

(b). For a permanent injunction restraining the Defendants their men, servants, agents etc., from in any manner interfering or infringing the copyright owned by the plaintiff in respect of telecasting 57 Movies more fully set out in the schedule of list hereunder through cable, cable TV, Cable TV channel, Set Top Box etc., throughout the area of entire Tamil Nadu and other areas as contemplated in the respective agreements entered into between the plaintiff and the respective Producers;

(c) Cost of the suit.)

1. The suit is for declaration of Copyright ownership to telecast the 57 cinematography movies morefully described in the schedule to the plaint through cable, cable TV, cable TV channel, Set Top Box etc., and permanent injunction restraining the defendants their men and agents from interfering or infringing the telecast right owned by the plaintiff in respect of the suit subject movies.

2. Plaint averments:-

The plaintiff is carrying on business in telecasting cinematographic films, song clippings of the cinematographic films through cable TV, Set Top Box, etc. During the course of its business, the plaintiff, on 25.01.2012 acquired the copyright of the 57 Tamil feature films, from the first and second defendants, who are the producers of the said movies, exclusively for telecasting via cable, through cable TV, Set Top Box etc., the rights for song, clippings trailer and entire movies for the territory of the entire India.

3. As per the agreement dated 25.01.2012, the defendants 1 and 2 assigned the copyright to telecast the movies through cable TV, via cable, through cable TV channel, Set Top Box etc. The said assignment is perpetual for 99 years. The plaintiff, after acquiring the copyright as stated above, exploiting the right continuously by reassigning the right to the cable TV operators at various places. While so, defendants 3 to 5 being Societies and trust established for the welfare of the Tamil Nadu Film Producers and Television Producers often interfere and infringe the copyright of the plaintiff by calling for meetings of its members and threaten the cable operators not to telecast the movies without paying consideration to them. The defendants 3 and 5 had given paper publication on 11.06.2017 and 16.07.2017 claiming that, their members have not assigned the copyright over the suit movies to anyone and the cable TV telecast right vest with its producers, who are the members of the 3rd and 5th defendants. They intend to assign rights Taluk wise and anybody interested in telecasting these movies should approach them for the right to telecast the movies. Such a claim is without any right and contrary to the agreement entered between the plaintiff and the producers of the film namely first and second defendants. Hence, the suit for the relief mentioned above.

4. Suit summons for the defendants 3 to 5 was served on 16.10.2018. The first and second defendants received the suit summons on 10.11.2018. The defendants had not chosen to contest the suit. They did not file any statement. Therefore, the plaintiff was directed to lead evidence. On behalf of the plaintiff, Mr.Ranjith Kumar Venkatesan was examined as P.W-1. Four documents were marked as Ex.P-1 to Ex.P-4.

5. Ex.P-1 is the agreement copy