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SENTHILKUMAR RAMAMOORTHY
Five Star Films Pvt. Ltd. – Appellant
Versus
Thenandal Films, Rep. by its Proprietor Mr. Ramasamy Narayanan alias Murali – Respondent
JUDGMENT :
The suit was filed for injunctive relief and damages for the alleged infringement of the copyright in the movie “Moondru Mugam” by exhibiting the movie “Mersal”. The Plaintiff is a private limited company engaged, inter alia, in the production and distribution of Tamil movies. In the year 1982, the third Defendant produced the Tamil feature film titled “Moondru Mugam”. The said movie was a box office success. A proprietary concern named M/s Group Company, represented by its Proprietor, Mr. S. Kathiresan, entered into an Assignment Agreement on 02.08.2007(the Original Assignment Agreement) with the third Defendant for assignment of the copyright in the story of the movie “Moondru Mugam” to Mr. S. Kathiresan for purposes of remaking the movie in the Tamil language. The term of assignment was 99 years from the date of the said Agreement. Subsequent thereto, the Plaintiff obtained a no objection letter on 22.03.2014 from the third Defendant for dubbing the remade version of the movie “Moondru Mugam” in the Telugu language. According to the Plaintiff, Mr. S. Kathiresan tra
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....
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 main legal point established in the judgment is that the treatment of the film and the manner of its presentation were quite different from the plaintiff's novel, and there was no substantial sim....
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....
The court affirmed that copyright rights must be explicitly defined, and the authorization for theatrical and satellite exhibition are separate, concluding the plaintiff could not claim satellite rig....
There can be no copyright over an idea or concept, and similarities between works based on the same idea are bound to occur. Copyright infringement requires clear and cogent evidence of literal imita....
Ownership of copyright must be established for infringement claims; plaintiffs failed to prove ownership in the drama.
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