A party must independently prove their claims in court, and reliance on the non-filing of a defendant's statement is insufficient for establishing ownership and rights under contested agreements.

JUDGMENT

THE CHIEF JUSTICE

This appeal is directed and preferred against the judgment and decree dated 6.6.2023 passed in C.S. (Comm.Suit) No.30 of 2021, whereby the learned Single Judge has dismissed the suit.

2. The unsuccessful plaintiff is the appellant herein and the parties are referred to as per their rank in the suit.

3. The plaintiff filed the suit seeking a declaratory decree, as also perpetual injunction, and further directions as below:

“a) Declaring that the Plaintiff is the sole and absolute owner of all the intellectual property rights, interest and title including but not limited to, the visual recording and sound recording in the underlying story, screenplay, dialogues, musical and lyrical works of the dubbed cinematograph film 'Chingari' and 'Shrikanta' in Tamil and Malayalam and connected internet and non-theatrical rights and all other underlying works for the purposes of Section 17 of the Copyright Act, 1957 .

b) A perpetual injunction restraining the 1^st Defendant, 2^nd Defendant and 3^rd Defendant, its men, agents, successors-in-business, assigns, representatives or any person claiming through or under them from in any manner exploiting and/or infringing any of the copyrights, including but not limited to, the visual recording and sound recording in the underlying story, screenplay, dialogues, musical and lyrical works of the dubbed cinematograph films 'Chingari' and 'Shrikanta' in Tamil and Malayalam and all other underlying works for the purposes of Section 17 of the Copyright Act, 1957 in online and offline mode including in internet and non-

theatrical modes.

c) Directing the 1^st Defendant, 2^nd Defendant and 3^rd Defendant, its men, its assigns, representatives or any person claiming through or under them, to remove any infringing content of the Copyrights including but not limited to, the visual recording and sound recording in the underlying story, screenplay, dialogues, musical and lyrical works of the dubbed cinematograph Film 'Chingari' and 'Shrikanta' in Tamil and Malayalam and all other underlying works for the purposes of Section 17 of the Copyright Act, 1957 in all online and offline mode.

d) Directing the Defendant to pay total damages of Rs.1,20,000/- (Rupees One Lakhs Twenty Thousand Only) for damages towards infringement.

e) Directing the Defendant to pay the costs of this suit.

f) Passing any other or further orders which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case, in favour of the Plaintiff and against the Defendant in the interest of justice.”

4.1. In the plaint, it was pleaded, inter alia, that the plaintiff is engaged in the purchase of copyrights and exploiting them by broadcasting in his YouTube channels and also involved in the making, selling and marketing of the literary, musical and cinematographic works in various formats, including CDs.

4.2. It was pleaded that the second defendant is the producer of the Kannada cinematograph films “Chingari” and “Shishira” and the plaintiff had acquired from the second defendant the dubbing rights in Tamil and Malayalam languages, along with internet and non-theatrical rights of the said two Kannada cinematograph films “Chingari” and “Shishira” vide an Assignment Agreement dated 29.5.2020, whereunder, vide Clause 3, the second defendant recognized the plaintiff as the producer of the dubbed films and the consideration for the assignment of the two films was Rs.30,000/-.

4.3. It was further pleaded by the plaintiff that he had also acquired from the third defendant the dubbing rights in Tamil and Malayalam languages, along with internet and non-theatrical rights of the Kannada film “Shrikanta” vide an Assignment Agreement dated 29.5.2020, wherein, as per per Clause 3, the third defendant recognized the