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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, K.KUMARESH BABU
Lahari Recording Co. P. Ltd. – Appellant
Versus
Jain Television (Mala Publicity Service P Ltd) – Respondent
| Table of Content |
|---|
| 1. introduction and parties involved. (Para 1 , 2 , 3) |
| 2. claims and counterclaims between parties. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. issues framed for determination. (Para 12 , 13 , 14) |
| 4. evidence submitted by the parties. (Para 15 , 16 , 17) |
| 5. court's reasoning and conclusions on rights. (Para 18 , 31 , 36 , 37 , 38) |
| 6. final judgment dismissing appeals. (Para 39) |
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
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 rig....
The main legal point established in the judgment is the requirement for a plaintiff to prove their right to copyright ownership and exploitation rights, as well as the necessity to comply with the pr....
The court ruled that the defendants' exclusive rights to the Telugu film, including dubbing, did not infringe the plaintiff's distinct rights under the Copyright Act regarding Hindi remake and dubbin....
Producer being author of a cinematograph film has all rights in film as conferred under Section 14(d)(iii) of Act, including right to dub and subtitle, subject, however, to any restrictive condition(....
Ownership of copyright, validity of assignment agreements, and entitlement to relief of declaration and damages under the Copyright Act, 1957.
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