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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SENTHILKUMAR RAMAMOORTHY, J.
M/s. Sun TV Network Ltd., Rep. by its authorized signatory, M. Jyothi Basu - Appellant
Versus
M/s. Parameswara Art Productions, Rep. by its proprietor, B. Ganesh Babu & Another - Respondent
Civil Suit No. 924 of 2015
Decided On : 07-06-2022
Copyright - Assignment of Rights - Copyright Act, Section 55 & 62 - The court discussed the validity of the Assignment Agreement and the Video Agreement, and concluded that the Plaintiff is the owner of the copyright in the Telugu movie 'TEMPER' and is entitled to a declaration and permanent injunction against both Defendants.
Fact of the Case:
The suit was filed seeking a declaration that the Plaintiff is the sole and exclusive copyright holder of the Telugu feature film 'TEMPER' and for a permanent injunction to restrain the Defendants from exhibiting or exploiting the above-mentioned feature film. The second Defendant filed a counter claim for a declaration that it is the sole and exclusive video copyright holder of the film.
Finding of the Court:
The court found that the Plaintiff is the owner of the copyright in the film and is entitled to a declaration and permanent injunction against both Defendants. The second Defendant's counter claims were not upheld.
Issues: The issues included the validity of the Assignment Agreement and the Video Agreement, and the ownership of the copyright in the film.
Ratio Decidendi: The court analyzed the evidence related to the Assignment Agreement and the Video Agreement, and concluded that the Plaintiff had paid the entire sale consideration and is the valid owner of the copyright in the film.
Final Decision: The Plaintiff is entitled to a declaration and permanent injunction against both Defendants. The second Defendant's counter claims were not upheld. The first Defendant was ordered to pay costs to both the Plaintiff and the second Defendant.
JUDGMENT
(The suit is filed under Order VI Rule 1 of O.S. Rules r/w Section 55 & 62 of the Copyright Act and Order VII Rule 1 of CPC praying to declaration that the Plaintiff is the sole and exclusive copyright holder for broadcasting the Telugu film “TEMPER” starring Junior NTR, Kajal Agarwal & 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, movie on demand, video, High definition (HD), laser disc, blue ray, u-matic, in flight, airborne, railborne, terrestrial television broadcast (all dimensions) through cable/via cable TV, local delivery system, MMDS, paper view, seaborne, all modes of 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 models 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) Permanent injunction restraining the Defendants, their men, representatives, agents and anybody on behalf of the Defendants from in any way exhibiting or exploiting the Telugu film “TEMPER” starring Junior NTR, Kajal Agarwal & 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, movie on demand, video, High definition (HD), laser disc, blue ray, u-matic, inflight, airborne, railborne, terrestrial television broadcast (all dimensions) through cable/via cable TV, local delivery system, MMDS, paper view, seaborne, all modes of 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 models 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 and for the costs of the suit.)
The suit was filed seeking a declaration that the Plaintiff is the sole and exclusive copyright holder of the Telugu feature film “TEMPER” and for a permanent injunction to restrain the Defendants from in any way exhibiting or exploiting the above mentioned feature film.
2. The second Defendant filed a written statement along with a counter claim for a declaration that the second Defendant is the sole and exclusive video copyright holder of the Telugu feature film “TEMPER” and for a permanent injunction restraining the Plaintiff and the first Defendant from in any way exhibiting or exploiting the video copyright of the above mentioned feature film.
3. The Plaintiff stated that it operates a renowned television network in South India. The first Defendant is the producer of the Telugu feature film “TEMPER” starring Junior NTR, Kajal Agarwal and others. Under a
The main legal point established in the judgment is the requirement for a plaintiff to prove their right to copyright ownership and exploitation rights, as well as the necessity to comply with the pr....
Ownership of copyright, validity of assignment agreements, and entitlement to relief of declaration and damages under the Copyright Act, 1957.
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....
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(....
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