Copyright infringement occurs when unauthorized use of a copyrighted work is established, warranting legal remedies including damages and account of profit.

J U D G M E N T

The plaintiff has filed the suit under Sections 55 and 62 of the Copyrights Act , and Order VII Rule 1 of the Code of Civil Procedure (C.P.C.), seeking a judgment and decree against the defendant from infringing, exhibiting, or exploiting the Schedule 'A' movies and for consequential reliefs.

2. The plaintiff company runs a leading television network in South India, Sun TV Network Ltd., which operates 33 channels. The plaintiff is also involved in the production and distribution of movies, earning a significant reputation in the field. As part of its business transactions, the plaintiff company entered into assignment agreements with various producers and copyright holders of cinematograph films for valuable consideration, allowing exploitation of the same through satellite and other modes. Pursuant to these agreements, the content and censor certificates were handed over to the plaintiff, making it the absolute copyright holder of 25 cinematograph films.

The plaintiff is the only company owning valid assignment rights for almost 90% of the movies in the field and legally exploits the same. The assignment agreements grant the plaintiff broadcasting rights for the said films.

3. The defendant is said to be running Velicham TV, a unit of M/s.Marudham Television Private Limited, and without having valid assignment of copyright in its favor, exploits the movies or any part thereof using pirated videos and various technologies for telecast. Despite a cease and desist letter dated 16.07.2018, the defendant continued to telecast songs, clips, and comedy scenes from movies for which the plaintiff holds the satellite and other rights. Under these circumstances, the suit has been filed seeking the relief as stated above.

4. Despite the defendant has been duly served and their name was printed in the cause list, there was no appearance, either in person or through counsel, and hence, the defendant was set ex-parte by this Court on

27.09.2019.

5. On the side of the plaintiff, the one Mr.M.Jyothi Basu, authorized signatory of the plaintiff company was examined as PW1, and he has reiterated the averments made in the plaint and also marked 156 documents as Exs.P1 to P156.

6. On a perusal of the plaint averments, Proof Affidavit of the plaintiff and documents marked on behalf of them, this Court finds that the suit claim is proved by the plaintiff, and hence, the plaintiff is entitled to the decree as sought for in the suit. Accordingly, the suit is decreed as prayed for, with costs. The defendant is directed to render true and proper accounts of profit in respect of its infringing, telecasting, and exploiting of the Schedule 'A' movies since August 2018 within a period of 3 months from the date of receipt of a copy of this judgment and decree. Further, the defendant is ordered to pay damages of Rs.30,00,000/- for exploiting the Schedule 'A' movies as detailed in Schedule 'B', thereby causing loss to the plaintiff.

Consequently, connected pending applications, if any, are closed.

30.07.2024 Index: Yes/No.

Speaking Order : Yes/No.

Neutral Citation Case : Yes/No.

r n s Copy to: The Sub Assistant Registrar, (Original Side), Madras High Court, Chennai.

List of Witness examined on the side of the plaintiff Mr.Gnanasambandam - PW1 Documents exhibited by the Plaintiff: