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C. Prakash, Proprietor of M/s. Sri Kumaran, CD Collections & Electronics, Chennai – Appellant
Versus
S. N. Media, Chennai – Respondent
JUDGMENT :
Sanjib Banerjee, J.
(Prayer: Appeal filed under Order XXXVI, Rule 9 of OS Rules read with Clause 15 of the Letters Patent read with Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act, 2018 to set aside order dated 26.04.2021 made in O.A.No.51 of 2021 in C.S(Comm. Div) 30 of 2021 on the file of the High Court (Commercial Division Original Side) Madras.)
1. This is an appeal against an order dated April 26, 2021 by which an initial injunction granted in favour of the plaintiff appellant has been vacated at the behest of the first defendant.
2. According to the plaintiff, the second and third defendants assigned their copyright as producers of two films by the names of Chingari and Shrikanta in favour of the plaintiff in respect of the Tamil and Malayalam language internet and digital dubbing non-theatrical rights. In other words, the case made out in the plaint is that by similar agreements both dated May 29, 2020 the father and son combine of the second and third defendants, as producers of the Kannada cinematograph films indicated by title in the said agreements, assigned the digital rights therein for th
The central legal point established in the judgment is the requirement for the party alleging undue influence to prove the same, the consideration of inadequacy in determining consent, and the interp....
Producer being author of a cinematograph film has all rights in film as conferred under Section 14(d)(iii) of Act, including right to dub and subtitle, subject, however, to any restrictive condition(....
The central legal point established in the judgment is the validity of the Assignment Agreement and the Video Agreement, and the determination of the ownership of the copyright in the film.
The court ruled that the defendants' exclusive rights to the Telugu film, including dubbing, did not infringe the plaintiff's distinct rights under the Copyright Act regarding Hindi remake and dubbin....
A complete transfer/assignment of copyright includes rights not contemplated at the time of assignment, unless a contrary intention is evident.
An assignment agreement is valid and enforceable where parties have acted under the agreement, and lack of counterclaims against payment liability affirms this position.
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