Madras High Court
Mr.Jeeva vs / on 28 September, 2021
Author: G.Jayachandran
Bench: G.Jayachandran
C.S.No.680 of 2018
& O.A.No.929 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 24.09.2021 Pronounced on : 28.09.2021
Coram:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.No.680 of 2018
& O.A.No.929 of 2018
Mr.Jeeva,
Proprietor, Channel Vision,
No.102, Antony Complex,
Jothi Nagar No.1, Nagai Road,
Thanjavur – 613 001 ... Plaintiff
/versus/
1. Mr.C.Dhandayuthapani,
Rep. by its Proprietor,
M/s.Thevar Films,
No.330/10, Kodugupuram, Ponkottai,
Pattukottai – 614 602.
2. Mr.C.Dhandayuthapani,
Rep. by its Proprietor,
M/s.Dhandayuthapani Films,
No.330/10, Kodugupuram, Ponkottai,
Pattukottai – 614 602.
3. Tamil Film Producers' Council,
Rep. by its Honorary Secretaries,
No.606, Anna Salai,
Chennai – 600 006.
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https://www.mhc.tn.gov.in/judis/
C.S.No.680 of 2018
& O.A.No.929 of 2018
4. Tamil Film Producers Trade Trust,
Rep. by its Managing Trustee,
No.606, Anna Salai,
Chennai – 600 006.
5. Film and Television Producers'
Guild of South India,
Rep. by its Secretary,
B1, Rams Flat,
New No.19 (Old No.5),
Jagatheeswaran Street,
T.Nagar, Chennai – 600 017. ... Defendants
Prayer:- This Suit is filed under Order IV Rule 1 of Original Side Rules read with
Section 7 of Commercial Courts, Commercial Appellate Courts, Commercial Division
and Commercial Appellate Division of High Courts Act, 2015 (4 of 2016) read with
Section 55 of the Copyrights Act and Order VII Rule 1 of C.P.C.
(a). For declaration, declaring the plaintiff is the sole and absolute copyright
owner in respect of telecasting 57 movies morefully set out in the Schedule of List
hereunder to telecast the same through cable, cable TV, cable TV channel, Set
Top Box, etc., throughout the area of entire Tamil Nadu and other areas as
contemplated in the respective agreements entered into between the plaintiff and
the respective Producers;
(b). For a permanent injunction restraining the Defendants their men,
servants, agents etc., from in any manner interfering or infringing the copyright
owned by the plaintiff in respect of telecasting 57 Movies more fully set out in the
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C.S.No.680 of 2018
& O.A.No.929 of 2018
schedule of list hereunder through cable, cable TV, Cable TV channel, Set Top
Box etc., throughout the area of entire Tamil Nadu and other areas as
contemplated in the respective agreements entered into between the plaintiff and
the respective Producers;
c) Cost of the suit.
For Plaintiff : Mr.Thiageswaran
for M/s.Waran and Sairams
For Defendants : set exparte
***
JUDGMENT
The suit is for declaration of Copyright ownership to telecast the 57 cinematography movies morefully described in the schedule to the plaint through cable, cable TV, cable TV channel, Set Top Box etc., and permanent injunction restraining the defendants their men and agents from interfering or infringing the telecast right owned by the plaintiff in respect of the suit subject movies. 3/9 https://www.mhc.tn.gov.in/judis/ C.S.No.680 of 2018 & O.A.No.929 of 2018
2. Plaint averments:-
The plaintiff is carrying on business in telecasting cinematographic films, song clippings of the cinematographic films through cable TV, Set Top Box, etc. During the course of its business, the plaintiff, on 25.01.2012 acquired the copyright of the 57 Tamil feature films, from the first and second defendants, who are the producers of the said movies, exclusively for telecasting via cable, through cable TV, Set Top Box etc., the rights for song, clippings trailer and entire movies for the territory of the entire India.
3. As per the agreement dated 25.01.2012, the defendants 1 and 2 assigned the copyright to telecast the movies through cable TV, via cable, through cable TV channel, Set Top Box etc. The said assignment is perpetual for 99 years. The plaintiff, after acquiring the copyright as stated above, exploiting the right continuously by reassigning the right to the cable TV operators at various places. While so, defendants 3 to 5 being Societies and trust established for the welfare of the Tamil Nadu Film Producers and Television Producers often interfere and infringe the copyright of the plaintiff by calling for meetings of its members and 4/9 https://www.mhc.tn.gov.in/judis/ C.S.No.680 of 2018 & O.A.No.929 of 2018 threaten the cable operators not to telecast the movies without paying consideration to them. The defendants 3 and 5 had given paper publication on 11.06.2017 and 16.07.2017 claiming that, their members have not assigned the copyright over the suit movies to anyone and the cable TV telecast right vest with its producers, who are the members of the 3rd and 5th defendants. They intend to assign rights Taluk wise and anybody interested in telecasting these movies should approach them for the right to telecast the movies. Such a claim is without any right and contrary to the agreement entered between the plaintiff and the producers of the film namely first and second defendants. Hence, the suit for the relief mentioned above.
4. Suit summons for the defendants 3 to 5 was served on 16.10.2018. The first and second defendants received the suit summons on 10.11.2018. The defendants had not chosen to contest the suit. They did not file any statement. Therefore, the plaintiff was directed to lead evidence. On behalf of the plaintiff, Mr.Ranjith Kumar Venkatesan was examined as P.W-1. Four documents were marked as Ex.P-1 to Ex.P-4.
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5. Ex.P-1 is the agreement copy dated 25.01.2012. The second defendant for himself and on behalf of the first defendant concern had assigned to the plaintiff the entire cable TV copyright all over India for a perpetual period of 99 years in respect of 57 movies, which are listed as suit schedule. The expression cable TV rights is explained in clause 1(C) as means and includes all means whether now known or herein after invented or discovered, whereby means of any physical connection with wire, a multiplicity of television sets may receive a signal or signals through the means of broadcasting through a video system, whether encrypted or not so as to enable the reproduction or images in vision.
6. Thus, it is clear from the terms found in the agreement Ex.P-1, the first and second defendants, who are the producer of the suit subject films have assigned to the plaintiff the exclusive copyright to exploit the movie through cable in all modes. While so, the advertisements dated 11.06.2017 and 16.07.2017 which are marked as Ex.P-2 and Ex.P-3 inviting the cable TV operators to contact the third defendant for assignment of right to telecast movies produced by their members is not clear whether the offer to assign right includes the suit movies also.
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7. The defendants, who are supposed to explain whether it include the suit movies for which the plaintiff have exclusive cable TV copyright for perpetual period of 99 years from 2012 had remained exparte. Therefore, it is to be presumed that the first and second defendants as the producer of the suit movies or the defendants 3 to 5 which is a society and trust consisting the defendants 1 and 2 as its members have no right left to assign the right to telecast the suit schedule movies after the agreement Ex.P-1. Hence, Ex.P-2 and Ex.P-3 advertisement offering the telecast right is without any legal right.
8. In view of the above facts established through Ex.P-1 to Ex.P- 3, the plaintiff is entitled for the relief prayed. In the result, the Suit is Allowed as prayed. With costs. Consequently, connected application is closed.
28.09.2021
Index : Yes/No.
Internet :Yes/No.
List of Witness examined on the side of the Plaintiff:-
Mr.Ranjith Kumar (PW.1) List of Witness examined on the side of the Defendant :-
Nil 7/9 https://www.mhc.tn.gov.in/judis/ C.S.No.680 of 2018 & O.A.No.929 of 2018 List of the Exhibits marked on the side of the Plaintiff:-
Sl. Nos. Exhibits Dated Description of documents
1. Ex.P.1 25.01.2012 Photocopy of Agreement of Assignment and receipt.
2. Ex.P.2 11.06.2017 Photocopy of the News paper containing the publication (News paper original seen and returned)
3. Ex.P.3 16.07.2017 Newspaper containing the publication (News paper original seen and returned)
4. Ex.P.4 20.08.2021 Original Power of Attorney.8/9
https://www.mhc.tn.gov.in/judis/ C.S.No.680 of 2018 & O.A.No.929 of 2018 Dr.G.Jayachandran,J.
bsm Pre-delivery judgment in C.S.No.680 of 2018 & O.A.No.929 of 2018 28.09.2021 9/9 https://www.mhc.tn.gov.in/judis/