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 rights or damages.

JUDGMENT :

(Judgment of the Court was delivered by C.V.Karthikeyan J.)

The plaintiff in C.S.No.1823 of 1994 and C.S.No.748 of 1997 aggrieved by the common judgment and decree dated 05.01.2016 of the learned Single Judge of this Court has filed these two appeals.

2.C.S.No.1823 of 1994 had been filed by the plaintiff, Lahari Recording Co. P. Ltd., against the three defendants namely, Jain Television – (Mala Publicity Service P.Ltd.) and M/s.Kavithalayaa Productions (Private) Limited and K.Muni Kannaiah, Proprietor M/s.Sapthagiri Video Movies seeking a judgment and decree granting permanent injunction restraining the defendants from infringing the copyright of the plaintiff over the Telugu version of the movie Roja by telecasting the same through its satellite network and for costs of the suit.

3.C.S.No.748 of 1997 had been filed by the same plaintiff, Lahari Recording Co. P. Ltd., against five defendants namely, Jain Satelite Television, Kavithalayaa Productions Private Limited, Muni Kannaiah, Proprietor M/s.Sapthagiri Video Movies and Jain Studios Limited seeking a judgment and decree against the defendants directing them to pay to the plaintiff a sum of Rs.1/- crore together with interest and costs.C.S.No.1823 of 1994:

4.It had been contended in the plaint that the plaintiff had obtained sole and exclusive rights for dubbing/remaking into Telugu language the film Roja in Cinemascope, written and directed by Mani Rathnam. The plaintiff claimed that they had obtained the rights from the 2^nd defendant by an instrument dated 16.06.1992. The 2^nd defendant as producers of the film were the original copyright owners. The plaintiff claimed that they had paid consideration of Rs.34,50,000/- for a period of 25 years from 16.06.1992 in respect of the areas including entire Andhra Pradesh, Ceded Districts (Rayalaseema), Nizam, Coastal Andhra and Orissa. The plaintiff claimed that they had not parted with any of their rights to any other individual. The plaintiff had dubbed the said picture into Telugu at huge cost and released the same only in certain of the areas allotted to it. The plaintiff came across an announcement made by the defendant on 06.12.1994 that they are going to telecast the Telugu version of the Tamil film Roja through their satellite network on 10.12.1994. The plaintiff contended that the defendant had no manner of right to telecast the said picture as the plaintiff had not parted with the rights of exhibition of the picture to anybody. The plaintiff issued a telegraphic notice calling upon the defendant not to telecast the said picture. It was under those circumstances that the suit had been filed seeking permanent injunction.

5.The 1^st defendant / Jain Television (Mala Publicity Service P. Ltd. had filed a written statement denying and disputing the claim of the plaintiff. They claimed that the plaintiff had only theatrical rights in Andhra Pradesh but had not acquired satellite rights. They claimed that the satellite right for entire Asian Region including Andhra Pradesh had been obtained by them by agreement dated 02.12.1994 executed by the 3^rd defendant for the period 02.12.1994 to 01.12.1995 for a consideration of Rs.3,20,000/-. It was contended that therefore the plaintiff had no right to seek injunction against the defendant from telecasting the said movie or from broadcasting the said movie in extraterritorial orbit and beam down a microwave signal through satellite antennae and rebroadcast in the contracted territories. It was therefore claimed that the suit should be dismissed.

6.The 2^nd defendant filed a written statement claiming th