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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SENTHILKUMAR RAMAMOORTHY, J.
C. Prakash Proprietor of M/S. Sri Kumaran CD Collection & Electronics, Chennai - Plaintiff
Versus
Zee Entertainment Enterprises Limited, Mumbai & Others - Defendants
Civil Suit No. 301 of 2018
Decided On : 06-09-2022
Copyright - Ownership of Tamil Cinematograph Films - Copyright Act, 1957, Section 62 - The court dismissed the suit seeking a declaration of absolute ownership of copyrights in Tamil cinematograph films and damages for loss of revenue caused by the termination of the plaintiff's YouTube channel. The court found that the plaintiff failed to establish ownership of the copyright in any of the three movies, while the first defendant established ownership of copyright in two movies. The first defendant was granted injunctive relief and ordered delivery of infringing material for destruction and rendition of account of profits for the two movies. The plaintiff was directed to pay costs to the first defendant.
Fact of the Case:
The plaintiff filed a suit seeking a declaration of absolute ownership of copyrights in Tamil cinematograph films and damages for loss of revenue caused by the termination of the plaintiff's YouTube channel. The first defendant filed a written statement with counter claims for injunctive relief, delivery of infringing material for destruction, and rendition of account of profits.
Finding of the Court:
The court found that the plaintiff failed to establish ownership of the copyright in any of the three movies, while the first defendant established ownership of copyright in two movies. The first defendant was granted injunctive relief and ordered delivery of infringing material for destruction and rendition of account of profits for the two movies. The plaintiff was directed to pay costs to the first defendant.
Issues: The issues included the validity of assignment of copyright, the rights of the first defendant, whether the rights of the parties coexist or are mutually exclusive, and entitlement to relief of declaration and damages.
Ratio Decidendi: The court concluded that the plaintiff failed to establish ownership of the copyright in any of the three movies, while the first defendant established ownership of copyright in two movies. The first defendant was granted injunctive relief and ordered delivery of infringing material for destruction and rendition of account of profits for the two movies. The plaintiff was directed to pay costs to the first defendant.
Final Decision: The suit claim of the plaintiff was dismissed, and the counter claim filed by the first defendant was decreed in terms of prayers (a) to (c) thereof but only in respect of the movies 'Haridas' and 'Endrendum Punnagai'. The plaintiff was directed to pay the first defendant a sum of Rs.2,00,000/- as costs towards court fees, lawyer's fees, and expenses.
JUDGMENT :
(The suit is filed under Order IV Rule 1 of OS Rules, Order VII Rule 1 of Civil Procedure Code, 1908, read with Section 62 of the Copyright Act, 1957, (a) to declare that the plaintiff is the absolute legal owner of the copyrights in the Tamil cinematograph films titled ''Haridas''. ''Endrendrum Punnagai'' and ''Yarukku Yaaro''; (b) directing the defendants to pay damages of Rs.53,426/- (Rupees Fifty three thousand four hundred and twenty six only) for loss of revenue caused to the plaintiff as a result of the termination of his YouTube Channel titled ''New Tamil Movies'' for the period between 23.04.2018 and 26.04.2018; (c) directing the defendants to pay the plaintiff the entire revenue lost as a result of the termination of his YouTube Channel titled ''New Tamil Movies'' from the date of this suit till the date of decree along with interest: and (d) for the costs of the suit.)
1. The suit was filed seeking a declaration that the plaintiff is the absolute owner of the copyright in the Tamil cinematograph films titled ''Haridas'', ''Endrendrum Punnagai'', and ''Yarukku Yaaro''. In addition, the plaintiff prayed for damages of Rs.53,426/- (Rupees Fifty three thousand four hundred and twenty six only) for loss of revenue caused by the termination of his YouTube Channel between 23.04.2018 and 26.04.2018 and further damages on the same ground from the date of suit till the date of decree.
2. The first defendant filed a written statement along with counter claims for a permanent injunction restraining the plaintiff from infringing the first defendant's copyright in the cinematographic films ''Haridas'', ''Endrendrum Punnagai'' and ''Yarukku Yaaro'', rendition of accounts by the plaintiff, surrender of all infringing material and punitive damages of Rs.10,00,000/-. The second defendant adopted the written statement of the first defendant. While the fourth defendant filed a written statement, the third, sixth and seventh defendants forfeited their right to do so and the plaintiff elected not to prosecute the suit against the fifth defendant.
3. The plaintiff stated as follows. The plaintiff entered into assignment agreements in relation to the acquisition of rights in the Tamil movies ''Haridas'', ''Endrendrum Punnagai'' and ''Yarukku Yaaro'' on 04.09.2014, 17.12.2014 and 20.02.2014, respectively. On the basis of these assignment agreements, the plaintiff asserted that he is the absolute owner of the copyright in the said movies. As regards the Assignment Agreement dated 17.12.2014 in respect of ''Endrendrum Punnagai'', the plaintiff relied upon the assignment clause therein to contend that the assignment extends to video copyrights, cable rights and other communication rights. As regards the movie ''Yarukku Yaaro'', the plaintiff asserted that the assignment in his favour was from S. Balakrishnan who, in turn, was assigned the said rights by the producer of the movie, M/s.Universal Thavamani Cine Arts. As regards the movie ''Haridas'', the plaintiff referred to the relevant portion of the Agreement dated 04.09.2014 to state that the assignment extended to video rights, cable rights and other communication rights.
4. The plaintiff further stated that he was shocked to discover that the first defendant had issued a notice to take down or strike against the plaintiff's video of ''Yarukku Yaaro'', which was uploaded on YouTube on 14.04.2018. As a result, the said video was taken down by YouTube Similarly, on 19.09.2017, the second defendant, acting on behalf of the first defendant, issued a strike against the plaintiff's video of the movie ''Endrendrum Punnagai'', which was also uploaded on YouTube. Once again, YouTube took down the video. The plaintiff refers to a similar strike on 19.09.2017 which resulted in the video of the movie ''Haridas'' being taken down. Thereafter, the plaintiff stated that his YouTube Channel named “New Tamil Movies” was taken down and all the content uploaded thereon became inaccessible. Therefore, th
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