JUDGMENT

This suit has been filed seeking for the following reliefs:

i)for a declaration to declare that the plaintiff is the exclusive copyright holder of the cinematography film “DONGALA BUNDI” (Telugu colour), starring Allari Naresh, Tanya, Brahmanandam, Ali, Venu, Madhav, Kondavalasa, Chitram Srinu, Shakila and others directed by Mr.V.Satish and produced by Mr.K.V.V.Satyanarayana 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 17.02.2009;

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 copyrights in the cinematography film “DONGALA BUNDI” (Telugu colour), starring Allari Naresh, Tanya, Brahmanandam, Ali, Venu, Madhav, Kondavalasa, Chitram Srinu, Shakila and others directed by Mr.V.Satish and produced by Mr.K.V.V.Satyanarayana 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 17.02.2009;

iii)Award damages of Rs.25,00,100/-; and iv) directing the defendants to pay costs.

2.The plaintiff claims that they are the absolute copyright holder of the Telugu film “DONGALA BUNDI” (Telugu colour) and the first Defendant has assigned the copyright to the plaintiff vide Assignment Agreement dated 17.02.2009 for a valuable consideration as envisaged under Section 19 of the Copyright Act. Under the Assignment Agreement, the first defendant has assigned the exclusive rights to broadcast and exploit the Suit Film, inter alia, in respect of satellite, terrestrial, DTH telecast, VCD, DVD rights and all other platforms more fully set out under Clause 1 & 3 of the Assignment Agreement amongst other clauses for a valuable consideration of Rs.1,10,00,000/- (Rupees One Crore Ten Lakhs only) as mentioned in clause 4 of the Assignment Agreement. Accordingly, the plaintiff had paid the entire consideration and got exclusive copyright in respect of the Suit Film “DONGALA BUNDI” (Telugu colour). According to the plaintiff, originally, the second defendant was the copyright holder of the suit film. Thereafter, the second defendant has entered into an Assignment Agreement dated 27.10.2008 with the first Defendant for the suit film, “DONGALA BUNDI” (Telugu colour) inter alia, for terrestrial television broadcast, satellite television broadcast rights and other rights. Thereafter, the first defendant has entered into an Assignment Agreement with the Plaintiff. The fourth defendant has issued a letter of confirmation dated 20.02.2009 to the plaintiff in respect of exclusive world satellite broadcasting rights and other electronic media rights of the said film “DONGALA BUNDI” (Telugu colour) for a perpetual period without any geographical restrictions upon instructions from the first defendant as per the said letter. According to the plaintiff, they are the exclusive copyright holder of the suit film namely “DONGALA BUNDI” (Telugu colour). 3.While that be so, according to the plaintiff, they came to know that the third defendant had pirated the suit film “DONGALA BUNDI” (Telugu colour) and sold it in the market and earned illegal profits out of the same.

According to the plaintiff, the third defendant has infringed the copyright of the plaintiff over the subject movie and has committed an act of piracy by selling the movies through DVDs and CDs. The fourth defendant