J U D G E M E N T

This Civil Suit has been filed with the following prayers:-

(i) for a declaration declaring that the plaintiff is the exclusive copy right holder of the cinematography film “BILLA” (Telugu Colour) starring Prabhas, Krishnam Raju, Anushka and others directed by Mr. Mehar Ramesh and produced by Mr. U.V.V.S.R. Prabodh inclusive of the rights of Satellite Television Broadcast, Direct to Home Broadcast, Direct Satellite Service, Terrestrial Television Broadcast and all other rights connected therewith including exhibition of the film by means of wireless diffusion and by wire for communication to the public through Television Broadcast for the entire world as assigned in the agreement dated 02.04.2009.

(ii) for a permanent injunction restraining the defendants, their men, agents, assignees or any other person or persons claiming through them from in any manner infringing the plaintiff's copy rights in the cinematography film “BILLA” (Telugu Colour) starring Prabhas, Krishnam Raju, Anushka and others directed by Mr. Mehar Ramesh and produced by Mr. U.V.V.S.R. Prabodh inclusive of the rights of Satellite Television Broadcast, Direct to Home Broadcast, Direct Satellite Service, Terrestrial Television Broadcast CD, DVD and all other rights connected therewith including exhibition of the film by means of wireless diffusion and by wire for communication to the public through Television Broadcast CD, DVD for the entire world as assigned in the agreement dated 02.04.2009.

(iii) Award damages of Rs.25,00,100/-

(iv) Directing the defendants to pay cost;

(v) Grant such other relief or relief's as this Court may deem fit and proper in the circumstances of the case and thus render justice.”

2. According to the plaintiff, it is a Satellite Television Network having large number of viewership. It is also stated that as part of its business, copyrights of the movies are purchased from producers or the copyright holders for exclusive copyright in respect of the World Satellite Television Broadcast, Direct to Home Broadcast, Terrestrial Television Broadcast and all other rights connected therewith. It was further stated that the plaintiff is the exclusive copyright holder of the Cinematography Telugu feature film “BILLA”. The plaintiff entered into a deed of assignment with the 1st defendant on 02.04.2009 and acquired exclusive copyright of the suit film “BILLA” under the said agreement. It was further stated that recently the 3rd defendant without any legal right released the DVD of the film “BILLA” and freely sold it in market. Due to the illegal piracy committed by the defendants, the plaintiff's exclusive copyrights were infringed and illegal profits were made by defendants 1 to 4. It was further alleged that the CD and DVD containing the suit feature film were freely available in the market and the same would cause loss to the plaintiff. It was further averred that unless the defendants are restrained by decree of injunction from committing infringement of the copyright by sale of DVD and CD's of suit film, the loss, hardship and damage to plaintiff would continue. The plaintiff had acquired the copyright of the suit film by paying valuable consideration of Rs.3,50,00,000/-. The piracy and infringement committed by the defendants 1 to 4 has resulted in huge pecuniary loss to the plaintiff. It is also averred that the actual damages incurred by the plaintiff would be more than Rs.25,00,100/- but the plaintiff restricts his claim for damages to Rs.25,00,100/-.

3. Though the defendants 1 to 4 were served, they failed to enter appearance and hence, they were set exparte by order dated 08.12.2022. Thereafter, the exparte evidence was recorded. The authorised signatory of the plaintiff company was examined as PW.1 and through him 5 documents were marked on the side of the plaintiff as P1 to P5. The Assignment Agreement dated 02.04.2009 entered between the plaintiff and 1st defendant company represented by its Director U.V.V.S.R. Prabodh,