Sun TV Network Ltd. , Rep. by its Authorised Signatory, M. Jothi Basu vs Super Good Films Private Limited, Rep. by its Managing Director, R. B. Chowdary

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Mad) 92

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, J.
M/s. Sun TV Network Ltd., Rep.by its Authorised Signatory, M. Jothi Basu - Appellant
Versus
M/s. Super Good Films Private Limited, Rep.by its Managing Director, R.B. Chowdary & Others - Respondent
Civil Suit No. 329 of 2014
Decided On : 12-01-2022

Advocates Appeared:
For the Appellant :M. Sneha, Advocate.
For the Respondent:M.A. Kalam, Advocate.

Headnote:
Code of Civil Procedure, 1908 – Order VII Rule 1 - Copy Rights Act, 1957 - Sections 55 and 62 - Latin maximqui prior est tempore potiorest jure - “he who is prior in time is better in law” - Plaintiff has filed instant suit seeking for a relief of permanent injunction against the defendant, their men, representatives, agents and anybody on behalf of defendants from in anyway exhibiting or exploiting Tamil film “JILLA” and for a declaration that plaintiff is the sole and exclusive copyright holder for broadcasting Tamil film “JILLA” starring Vijay, Mohanlal and others through Satellite television Broadcast, direct to home broadcast, direct satellite service, internet, video streaming through all forms - Whether plaintiff is copyright holder of suit movie “Jilla” - Whether the alleged agreement in favour of 2nd defendant is valid, since same being subsequent to that of plaintiff’s assignment agreement - Whether plaintiff is entitled for relief of injunction – Held, court holds that plaintiff is sole and exclusive copyright owner for broadcasting Tamil film “JILLA” and the agreement in favour of the 2nd defendant , does not in anyway take away right of plaintiff conferred through assignment agreement and to the extent the agreement executed in favour of 2nd defendant transgresses into right of the plaintiff, same is held to be invalid - In view of the same, the plaintiff is entitled for reliefs sought for in the present suit. All the issues are answered accordingly - suit is allowed.

JUDGMENT :

Prayer: Civil Suit has been filed under Order VI Rule 1 of Original Side Rules, R/w Sections 55 and 62 of the Copy Rights Act & VII Rule 1 of CPC., prays for judgment and decree against the defendants:

a) Declaration that the plaintiff is the sole and exclusive copyright holder for broadcasting the tamil film “JILLA” starring Vijay, Mohanlal, Poornima Bhagyraj Kajal Agarwal and others through Satellite Television Broadcast, Direct to Home Broadcast, Direct Satellite Service, Internet, Video Streaming through all forms, I.P.TV, Broadband, Telephone, Telephony, Cell Phone, Radio (all dimensions), VCD, DVD, Video On Demand, Moview Demand, Video, High Definition (HD), Laser Disc, Blue Ray, U-Matic, Inflight, Airborne, Railborne, Terrestrial Television Broadcast (all dimensions), through Cable/viz Cable TV, Local Delivery System, MMDS, Seaborne, all modes of public/private transportation, Public Service Broadcasting, Private Communication/ Broadcast, Wire, Wireless, 2D & 3D formats/Dimensions of the film or any other formats/ Dimensions which may be in existence now or invented in future or through any other forms, means and modes and any forms of communication like signs, signals, writing, pictures, images and sounds of all kinds of transmission of electro magnetic waves through space or through cables intended to be received by the general public either directly or indirectly through the medium of relay stations and all its grammatical variations and cognate expressions shall be construed accordingly or any other systems without restriction of geographical area and including all channels of Doordarshan, for a perpetual period of 99 years.

(b) To grant permanent injunction restraining the Defendants, their men, representatives, agents and anybody on behalf of the Defendants from in anyway exhibiting or exploiting the Tamil film “JILLA” starring Vijay, Mohanlal, Poornima Bhagryraj, Kajal Agarwal and others through Satellite Television Broadcast, Direct to Home Broadcast, Direct Satellite Service, Internet, Video Streaming through all forms, I.P.TV, Broadband, Telephone, Telephony, Cell Phone, Radio (all dimensions), VVCD, DVD, Video On Demand, Movie Demand, Video, High Definition (HD), Laser Disc, Blue Ray, U-Matic, Inflight, Airborne, Railborne, Terrestrial Television Broadcast (all dimensions), through cabel/via Cable TV, Local Delivery System, MMDS, Seaborne, all modes of public/private transportation, Public Service Broadcasting, Private Communication/Broadcast, Wire, Wireless, 2D & 3D formats/Dimensions of the film or any other formats/Dimensions which may be in existence now or invented in future or through any other forms, means and modes and any forms of communication like signs, signals, writing, pictures, images and sounds of all kinds of transmission of electro magnetic waves through space or through cables intended to be received by the general public either directly or indirectly through the medium of relay stations and all its grammatical variations and cognate expressions shall be construed accordingly or any other systems without restriction of geographical area and including all channels of Doordarshan, for a perpetual period of 99 years.

1. The plaintiff has filed the instant suit seeking for a relief of permanent injunction against the defendant, their men, representatives, agents and anybody on behalf of the defendants from in anyway exhibiting or exploiting the Tamil film “JILLA” and for a declaration that the plaintiff is the sole and exclusive copyright holder for broadcasting the Tamil film “JILLA” starring Vijay, Mohanlal and others through Satellite television Broadcast, direct to home broadcast, direct satellite service, internet, video streaming through all forms, I.P.T.V Broadband, telephone, telephony, cell phone, Radio (all dimensions), VCD, DVD, Video on Demand, movie demand, video high definition (HD), laser disc, blue-ray, U-Matic, in-flight, Airborne, Rail borne, terrestrial

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