JUDGMENT :

(Prayer: Civil Suit has been filed under Order VII, Rule 1 C.P.C., and Order IV, Rule 1 O.S. Rules read with Sections 51, 55, 62 of the Copyrights Act, 1957 praying to grant a judgment and decree:-

(a) a permanent injunction restraining the defendants by themselves, their partners, men, servants, agents, distributors, representatives or any one claiming through or under them from in any manner infringing the plaintiff’s copyright in the rights over the original movie SPECIAL 26 by producing, directing, distributing or communicating to the pubic any cinematograph film under the title THAANA SERNDHA KOOTAM or any other name or in any other manner whatsoever;

(b) a preliminary decree be passed in favour of the plaintiffs directing the defendant to render account of profits made by use of copyright in the literary work of the original film, SPECIAL 26 for adapting or remaking their movie, THAANA SERNDHA KOOTAM and a final decree be passed in favour of the plaintiffs for the amount of profits thus found to have been made by the defendant after the latter have rendered accounts;

(c) for costs of the suit.)

(This case has been heard through Video Conferencing)

1. The suit is filed for permanent injunction and for a preliminary decree to render accounts of profit.

2. Case of the plaintiff:

The sole plaintiff is the Assignee of the remake copyright of the Hindi movie “SPECIAL 26” in four southern languages (Tamil, Telugu, Malayalam and Kannada). The plaintiff obtained the remake copyright from M/s VIACOM 18 Meida Private Limited (herein after referred as “VIACOM”), by virtue of Agreement dated 19th August, 2014. As per the terms of the said remake Agreement deed, the plaintiff shall have the right to remake, dub or sub-title the movie in any of the four Southern Indian regional languages and other foreign languages. Also to assign the said rights to any third parties. If the plaintiff fails to commence the production of the new film within a period of three years, from the date of agreement, the agreement shall stand terminated automatically and the right to remake shall automatically revert to the VIACOM.

3. In or about the year 2016, the plaintiff commenced production of the remake of the Hindi movie “SPECIAL 26” in Kannada language under the title “FEVER 26”. By September, 2016, one M/s RPP Film Factory, represented by Mr. P.Prasanth, approached the plaintiff for the remake right of the Hindi movie “SPECIAL 26”in Tamil and Telugu. On 21/09/2016, the plaintiff and M/s RPP Film Factory entered into an agreement wherein, the plaintiff transferred its right only to remake in Tamil and Telugu languages alone to M/s RPP Film Factory for a consideration of Rs.1.5 crores. Under this agreement, the sole and exclusive right to use and exploit the remake right in Tamil and Telugu as a “New Film” alone was transferred and specifically, the dubbing right of the new film in any other language was not transferred. The plaintiff as the Assignor, retained with her the dubbing right. The assignee M/s RPP Film Factory paid only Rs.1.47 crores towards the total consideration of Rs.1.5 crores. TDS of Rs.3 lakhs still due and payable.

4. Further, Clause 28 of the Agreement mandate, the assignee M/s RPP Film Factory to commence its production within one year from the date of agreement and if the assignee fails to commence the production, within one year, the agreement shall stand automatically terminated and the right shall revert to the assignor and the amount paid by the assignee shall stand forfeited. While so, M/s RPP Film Factory failed to commence the production within one year. Pursuant to Clause 28(iv) of the Agreement, the remake right in Tamil and Telugu language reverted back to the plaintiff.

5. The plaintiff came to know through media and other sources that the first defendant is producing a Tamil movie titled “THAANA SERNDHA KOOTAM” (hereinafter referred to as “TSK”) through the second defendant as the Director and the story of the said movi