Madras High Court
M/S.P.Jesygaa vs Mrs.Umarani on 13 December, 2021
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 13.12.2021
Coram:
THE HONOURABLE Mr.JUSTICE N.ANAND VEKATESH
Civil Suit No.617 of 2018
and O.A.No.824 of 2018
(Comm.Suit)
M/s.P.Jesygaa
Prprietrix
JVKDS Enterprises
No.48/2, 1st Floor AVM Avenue
1st Main Road
Virugambakkam
Chennai 600 092. .. Plaintiff
.vs.
1.Mrs.Umarani
Proprietrix
O.K.Films
No.829, Airline Buildings
Anna Salai
Chennai 600 002.
2.23 Frames Creators
Rep.by its Authorized Signatory
Mr.Yuvaraj
Lakshmi Apartments
No.111/3, Sivan Koil Street
Vadapalani, Chennai 600026.
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3.Mr.R.Subramaniam
Proprietor
M/s.Gold Star Entertainment
No.841/A, Second Floor
Old Post Office Building
Ameerpet, Hyderabad 500 016.
4.Tamil Film Producers' Council
Rep.by its Honorary Secretaries
No.606, Anna Salai
Chennai 600 006.
5.Tamil Film Producer Trade Trust
Rep.by its Managing Trustee
No.606, Anna Salai
Chennai 600 006.
6.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: Civil Suit has been filed under Order IV Rule 1 of O.S.Rules
r/w Section 7 of Commercial Courts, Commercial Appellate Courts,
Commercial Division and Commercial Appellate Division of High Courts
Act, 2015 (4 of 2016) r/w Section 55 of the Copy Rights Act and Order
VII Rule 1 of CPC, praying to grant judgment and decree against the
defendants as follows:-
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a) for declaration, declaring the Plaintiff is the sole and
absolute copyright owner in respect of telecasting 320 films more
fully set out in the Schedule of List hereunder through cable, cable
TV, Cable TV Chennal, Set Top Box, etc., throughout the area f entire
Tamil Nadu as contemplated in the agreement entered into between
the Plaintiff and the copyright owners/3rd defendant.
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 320 Movies more fully set out in the schedule of list
hereunder through cable, cable TV, cable TV Channel, Set Top Box,
etc., throughout the area of entire Tamilnadu, as contemplated in the
agreement entered into between the Plaintiff and the copyright
owners/3rd defendant.
c) cost of the suit; and
d) grant such further or other relief or reliefs as this Hon'ble
Court may deem fit and proper in the circumstances of the case.
For Plaintiff :Mr.Thiageswaran
for M/s.Waron & Sai Rams
For Defendants : Mr.B.Arvind Srevatsa
for D 4
-----
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JUDGMENT
The Plaintiff has instituted the present suit seeking for a
declaration to declare that he is the absolute owner of the copyright
that was conferred on him through the agreement dated 27.12.2017
and for an interim injunction restraining the Defendants from
infringing the copyright owned by the Plaintiff concerning the
telecasting rights of 320 Movies, mentioned in the Schedule to the
Plaint through cable, Cable TV, Cable TV Channel, Set Top Box, etc.,
in the state of Tamil Nadu.
2. The case of the Plaintiff is that he is carrying on with
the business of telecasting cinematographic films and song clippings of
those films though Cable TV, Set Top Box, etc and that he acquired
the copyright of the telecasting of 320 movies vide an agreement
dated 27.12.2021, with the 3rd defendant. The Plaintiff, through this
agreement, acquired the copyright of Cable TV Rights through cable,
cable TV, Set Top Box Rights for the period of 99 years, for both
commercial and non-commercial usage purposes. After acquiring the
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copyrights, the Plaintiff had given rights to the Cable TV Operators in
the territory of Tamil Nadu and other places to air this movie.
3.The grievance of the Plaintiff is that the Defendants 4
to 6 are frequently infringing and interfering in the copyright owned
by the Plaintiff by calling for meetings of the Cable TV operators in
Tamil Nadu and also pressurising them not to telecast the movies
without paying consideration and getting the assignment from
Defendants 4 to 6. The further grievance of the plaintiff is that the
4th and 6th Defendants are associations established for the welfare of
Producers and they have nothing to do with copyrights of the film
produced by its members. According to the plaintiff, the business of
telecasting cinematographic films through cable TV are independent
contracts entered into by the Producer member of the said
associations with prospective purchasers of the said right, without
hampering or converging with the business of the 4th to 6th
Defendants.
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4.The Plaintiff has submitted that the 4th and 6th
Defendants did not produce any specific agreement substantiating the
acquisition of the copyright from their Producer members. The 4th
and 6th Defendants' Associations are further banned from carrying on
with any business activity in view of the fact that the 4th and 6th
Defendant Associations are societies registered under the Tamil Nadu
Societies Registration Act and are hence, not entitled to purchase the
copyrights from their Producer members and re-assign the said right or
carry on business pertaining to the said right with any third party for
financial benefits. Despite this limitation, the 4th and 6th Defendant
Associations attempted to interfere with the rights of the plaintiff and
have even published an advertisement in the Daily ‘Thanthi’ dated
11.06.2017. Since the conduct of the defendants directly interfered
with the copyright of the plaintiff, the present suit has been filed
against them claiming various reliefs.
5.The Defendants 1, 2 and 3 were called absent and set
ex parte by this Court on 02-09-2021. The right of Defendants 4, 5 and
6 to file written statement stood forfeited by an order of this court
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dated 24-2-2021.
6. PW-1 (Mr. P. Jesygaa) was examined on the side of the
Plaintiff on 01-11-2021 and Exhibits P-1 to P-6 were marked.
7.The only issue to be decided in the present suit is as to
whether the Plaintiff has the exclusive right to exploit the copyright
given in his favour, by virtue of the agreement dated 27.12.2021,
executed in favour of the Plaintiff by the 3rd Defendant and whether
the defendants are infringing upon the copyright of the plaintiff.
8. Heard Mr.Thiageswaran, learned counsel for the
plaintiff and Mr.B.Arvind Srevatsa, learned counsel appearing on
behalf of the 4th defendant.
9.The Plaintiff is in the business of telecasting
cinematographic films and song clippings from those films, through
Cable TV, Set Top Box, etc. The Plaintiff has entered into an
agreement dated 27. 12. 2017 with the 3rd Defendant, where the 3rd
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Defendant assigned the copyright to telecast 320 Tamil movies in
favor of the Plaintiff. The agreement is marked as Exhibit P4 and the
same was entered into for a valid consideration which was paid by the
Plaintiff to the 3rd Defendant. By virtue of this agreement, the
Plaintiff acquired the sole and exclusive copyrights for broadcasting
the motion pictures described in the schedule to the plaint without
any restriction to the geographical area and for a period of 99 years.
10.Considering the facts of the case, it can be seen that
the Defendants 4 to 6 on several occasions have interfered with the
rights of the Plaintiff. This is evident from the advertisements given
by the Defendants 4 to 6 on 11-6-2017 and 16-7-2017 in the Daily
‘Thanthi’ and the same are marked as Exhibits P5 and P6 respectively.
In the said advertisements, the defendants have stated that their
members have not assigned the right to telecast the film through
cable TV, set top box, etc and the rights are with them and anybody
wanting to telecast the sameshould approach the Defendants 4 to 6.
Further the Plaintiff has approached Defendants 4 to 6 personally and
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explained the right they have acquired from the 3rdDefendant. In spite
of the same defendants 4 to 6 are continuously pressurising the cable
TV operators and are illegally collecting royalty from the said cable TV
operators.
11. On perusal of Exhibit P4, it is evident that the
Plaintiff was assigned the sole and exclusive copyright concerning the
telecast of the movies. The act of the Defendants 4 to 6 by advertising
that their society members have not granted/re-assigned the
copyright of the movies in question, is without any legal backing. The
act of the Defendants 4 to 6 is not only arbitrary but also illegal and
also amounts to infringement of the Plaintiff’s copyright and the
Defendants4 to 6 possess no right to exploit the copyright of the 320
movies whatsoever.
12. There is no doubt that the copyright over the 320
movies mentioned in the Schedule to the Plaint, was in fact assigned
in favor of the Plaintiff and the Plaintiff has the sole and exclusive
right to exploit the said copyright in the territory of Tamil Nadu for a
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period of 99 years. Any disturbance caused to the plaintiff by the
defendants in exploiting the copyright will certainly amount to
interfering with the copyright of the plaintiff. Thus, the issue framed
by this court is answered in favour of the plaintiff.
13. In the result, there shall be a decree as prayed for by
the Plaintiff and considering the facts and circumstances of the case,
there shall be no order as to costs. Consequently, connected
miscellaneous application is closed.
13.12.2021
KP
Internet: Yes
Index : Yes/No
List of Witness examined on the side of the Plaintiff:-
P.Jesygaa ----- PW.1
List of Witness examined on the side of the Defendant:- ---
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List of the Exhibits marked on the side of the Plaintiff:-
S.No. Exhibits Description of the Documents
1. Ex.P-1 Certified copy of the Agreement of Assignment
dated 16.07.2008.
2. Ex.P-2 Certified copy of the Agreement of Assignment
dated 16.03.2012.
3. Ex.P-3 Certified copy of the Agreement of Assignment
dated 05.11.2012.
4. Ex.P-4 Certified copy of the Agreement of Assignment
dated 27.12.2017.
5. Ex.P-5 Photocopy of paper publication dated
11.06.2017 (original verified and returned).
6. Ex.P-6 Photocopy of paper publication dated
16.07.2017 (original verified and returned).
List of the Exhibits marked on the side of the Defendants:- --
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N.ANAND VENKATESH,J.
KP Civil Suit No.617 of 2018 and O.A.No.824 of 2018 (Comm.Suit) 13.12.2021 12/12 https://www.mhc.tn.gov.in/judis