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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Abdul Quddhose, J.
M/s. Bharani Pictures Private Limited - Appellant
Vs.
Doordarshan Kendra Rep. By its Director, Andhrapradesh & Another - Respondent
C.S. No. 380 of 2019
Decided On : 01-03-2024
Copyright Infringement - Films - Copyright Act, 1957, Sections 55 and 62
Fact of the Case:
The plaintiff filed a suit for copyright infringement and damages, claiming ownership of 21 films and alleging illegal telecasting by the defendants without permission. The defendants denied infringement, asserting legal rights obtained through agreements with previous copyright holders.
Finding of the Court:
The court found that the plaintiff failed to prove ownership of the copyright over the films, and the defendants legally telecasted six of the films based on agreements with previous copyright holders. The court also noted the plaintiff's failure to disprove the defendants' contentions and lack of evidence of actual losses suffered.
Issues: The issues included the entitlement to relief of declaration, telecasting after indemnity bond, maintainability of the suit, valuable copyright for injunction, and liability for damages.
Ratio Decidendi: The plaintiff failed to discharge the burden of proving ownership of the copyright, and the defendants legally obtained rights to telecast six films. The court emphasized the plaintiff's failure to disprove the defendants' contentions and lack of evidence of actual losses.
Final Decision: The suit was dismissed as the plaintiff failed to prove ownership of the copyright and establish the right to relief. The court found no merit in the suit and ruled in favor of the defendants.
JUDGMENT :
(Prayer: Civil Suit is filed under Order IV Rule 1 of O.S. Rules read with Order VII Rule 1 CPC and Sections 55 and 62 of the Copyright Act, 1957, praying:-
(b) to grant permanent injunction restraining the defendants, their agents, servants, each and every person or persons in any manner interfering with infringing the plaintiff's copyright in the suit films morefully described in Items 1 to 21 in the schedule hereunder inclusive of commercial, non-commercial, non-theatrical medias, world Television rights, world video rights, world satellite rights, Pay TV, Pay per view, Cable TV rights, DVD, VCD, LD, Internet and web based technology rights DTU (Direct to User) and DTH (Direct to Home) rights, and all other rights in whatsoever manner including the future scientific advancement and technological rights in respect of the suit films;
(c) to direct the defendants to pay a sum of Rs.25,00,000/- to the plaintiff together with interest at 12% p.a. from the date of plaint till the date of realization; and
(d) to pay the costs of the suit.)
1. The suit has been filed for infringement of copyright and for damages.
2. The plaintiff claims that they are the copyright holders of the 21 films disclosed in the schedule to the plaint. The plaintiff claims that they are the producer of the schedule films and that the Censor Certificate issued by the Censor Board also confirms the same. The plaintiff claims that they have not assigned the copyright over the schedule films in favour of any party, much less to the defendants. The plaintiff claims that they came to know from the market circles that the defendants have been illegally telecasting the schedule films without obtaining permission of the plaintiff, thereby infringing the copyright of the plaintiff over the suit films.
3. The plaintiff claims that they have issued a legal notice to the defendants on 28.02.2019 intimating the infringement of the plaintiff's copyright by the defendants. The plaintiff also claims that they had also caused a paper publication on 17.08.2016 in Andhra Prabha, a Telugu daily, having wide circulation in the State of Andhra Pradesh and Telengana
4. The plaintiff also claims that after the investigation, they came to know that the defendants have illegally exploited the copyright of the plaintiff over the schedule films by telecasting the same more than 30 times in their TV channels. According to the plaintiff, though they had suffered a loss, which estimated to the tune of Rs.3,05,00,000/- on account of infringement of the copyright by the defendants, they are restricting their claim for damages against the defendants at Rs.25,00,000/-.
5. The defendants have filed a written statement denying the infringement. They have also stated that the plaintiff has not produced any proof to show that the copyright over the schedule films continued to vest with them. According to the defendants, M/s.Bharani Pictures, represented by its Proprietrix Smt.P.Bhanumathi delivered the rights through a Deed of Ownership of World Negative by way of an agreement with Mr.R.Parthasarathi Rao on 14.03.2002. Mr.R.Parthasarathi Rao, thereafter, assigned the rights to Mr.Ramakrishna Reddy through a Deed of TV Satellite (DD1 & DD8) agreement. Thereafter, Mr.M.Ramakrishna Reddy delivered the rights to Ms.V.S.Usha
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