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 imitation of the original work.

JUDGMENT

(Prayer: Civil Suit is filed under Order VII Rule 1 CPC r/w Order IV Rule 1 of the Original Side Rules, 1956, r/w Sections 55 and 62 of the Copyrights Act, praying to,

(a) Declaration that the plaintiff is the author and first owner of the copy right of the story “Enthiran” which was stolen/pirated from the original story “Jugiba” written and got published in April 1996;

(b) Declaring that the film “Enthiran” is the infringing copy of the plaintiff''s story “Jugiba”;

(c) Order directing the defendants to pay a sum of Rs.1,00,00,000/- to the plaintiff, as damages;

(d) Permanent injunction restraining the defendants, their men, agents, successors in business, legal representatives, assigns or any person claiming through them from distributing, screening and exhibiting the infringing copy namely the “Enthiran” film in any cinema hall, electronic media, open air theatre, auditorium in any exhibiting device;

(e) A Preliminary decree in favour of the plaintiff directing the defendants to render account of the profit made by the infringing copy namely “Enthiran” to the plaintiff and a final decree in favour of the plaintiff for the amount of profits thus found to have been made by the defendants;

(f) Pass such other order or orders as this Court may deem fit in the circumstances of the case.

1. The suit is filed by the plaintiff seeking a declaration that he is the first owner of the copyright of the story “Enthiran” which was stolen/pirated from the original story “Jugiba” written and got published in April 1996. The plaintiff also sought for further declaration that the film "Enthiran" is the infringing copy of the plaintiff story "Jugiba" and for a consequential injunction restraining the defendants from distributing, screening and exhibiting, infringing copy namely the feature film "Enthiran". The plaintiff also prayed for direction to the defendants to pay a sum of Rs.1,00,00,000/- towards damages. He also sought for preliminary decree directing the defendants to render true account of the profit earned by them by infringing the copyright of the plaintiff and for a final decree in favour of plaintiff for the amount of profits thus found to have been earned by the defendants.

2. Plaint Averments

According to the plaintiff, he is a "Prolific" Tamil writer, who claimed that the plaintiff had written a story about Humanoid Robo “Jugiba” and the same was first published in a Tamil monthly Magazine "Iniya Udayam" during April 1996. The Thumb Nail sketch of the story is as follows:

“A Scientist Robin spends a decade in the computer lab to create a super power Robot and succeeds. He names it as “Jugiba”. The Robot has the capacity to store the facts from Adam and Eve to latest Nuclear weapons. It can move its joints in any directions. It can perceive situations and act accordingly. It resembles a man and it is capable of all human activities except pro-creation. The scientist Robin was ready to present his rare scientific creation to the conference next day. Elated by his own achievement, Robin calls his love Josephin to his Robot lab to show her his “Jugiba”. In fact, he had neglected her for about a decade, spending entire life in the lab with equipments in his endeavour to develop super Robot. Robin introduced Josephin to “Jugiba” as his lover. “Jugiba” expresses its love to Josephin and insisted to live with her. Robin explains to Jugiba that it is only a metal and machine and Josephin is flesh and blood and they cannot live together. On hearing this, Jugiba cries that it cannot live without Josephin, sheds tears and jumps from the building into the street and commits suicide.”

3. In the year 2007, the same group of publishers published the very same novel in the book titled "Thik Thik Theepika”, this book was sold in all book stalls and exhibitions. The State Government has also purchased the copies