Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SENTHILKUMAR
Palanivel Dhaksnamoorthy S/o Late R. Palaniandaver – Appellant
Versus
Raj Television Network Limited – Respondent
ORDER :
1. This Application has been filed to vacate the order of injunction dated 31.01.2025 passed by this Court in O.A.No.94 of 2025 in C.S.(Comm.Div) No.40 of 2025.
2. The case of the Applicant is as follows:
2.1. The Applicant, who is the 1st defendant in the Suit, owns four YouTube channels viz., “Tamil Blockbuster,” “Blockbuster Movies,” “B4K Music” and “Bravo HD Movies.” He has filed this application to vacate the interim injunction already granted by this Court on 31.01.2025 in O.A. No.94 of 2025 in C.S.(Comm. Div.) No.40 of 2025.
2.2. The 1st Respondent/Plaintiff claimed that it owns exclusive copyright, including digital rights, over three old films viz., 16 Vayathinile, Kalangarai Vilakkam and Kudiyirundha Kovil. When those films were streamed on the Applicant/1st defendant’s YouTube channels, the 1st Respondent/Plaintiff sent notices. The Applicant/1st defendant responded to each notice stating that he had written permission from the original copyright owners, which include permissions from SRS Films on behalf of Mr.S.A.Rajakannu for 16 Vayathinile and permissions from Mrs.Shanthi Saravanan of Saravana Films for Kalangarai Vilakkam & Kudiyirundha Kovil. After these respons
Ownership of copyright requires valid chain of title; injunction granted based on prima facie ownership despite low plaint valuation under the Copyright Act.
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 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....
The main legal point established in the judgment is the requirement for a strong prima facie case and balance of convenience for obtaining an interlocutory injunction in copyright infringement cases.....
The Court emphasized the importance of a strong prima facie case and balance of convenience for obtaining an interlocutory injunction. It also highlighted the need for specific and valid copyright as....
The burden of proving ownership of copyright lies with the plaintiff, and failure to disprove the defendant's contentions can lead to dismissal of the suit.
The main legal point established in the judgment is the absolute and indefinite assignment of sound recording rights in cinematograph films, granting the appellant exclusive rights to play, use, and ....
Interim injunctions must consider the prima facie case and balance of convenience, especially where prior rights and public airing exist.
The court established that unauthorized distribution of cinematograph films constitutes copyright infringement, allowing for dynamic injunctions to protect against evolving infringement tactics.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
