Prayer: Plaint filed under Section 55 and 62 of Copyright Act, 1955 read with Order IV Rule 1 of O.S. Rules and Order VII, Rule 1 of C.P.C., praying to pass a judgment and decree in favour of the plaintiff: (a) for the relief of declaration declaring that the plaintiff is the absolute copy right owner in the suit pictures more fully described in the schedule hereunder having the rights of distribution, exhibition, exploitation rights, inclusive of commercial, non-commercial, non-theatrical medias, world Television rights, world Video rights, world Satellite rights, Pay TV, pay per view, Cable TV rights, DVD, VCD, LD, Internet and web based technology rights DTU (Direct to User) and DTH(Direct to Home) rights, and all other rights in whatsoever manner including the future scientific advancement and technological rights for the territories of entire world including India in respect of the suit pictures for a perpetual period of 99 years; (b) granting permanent injunction restraining the first and second defendants their agents, servants, each and every person or persons in any manner interfering with infringing the plaintiff's copy right in the suit pictures morefully described in the schedule hereunder inclusive of commercial, noncommercial, non-theatrical medias, world Television rights, world Video rights, world Satellite rights, Pay TV, Pay per view, Cable TV rights, DVD, VCD, LD, Internet and web based technology rights DTU(Direct to User) and DTH(Direct to Home) rights, and all other rights in whatsoever manner including the future scientific advancement and technological rights in respect of the suit pictures; and (c) the costs of the suit.
The Judgment of the Court was delivered by
G. Jayachandran, J.:— The case of the plaintiff is that he is a Copyright Holder of the Hindi Pictures and he has acquired exclusive copyright of the above said pictures Item Nos. 1 to 11 from various assignors under various agreements for a perpetual period of 99 years for the entire world satellite rights and pay T.V. rights, world cable T.V. rights and the overseas Television rights. The assignors have assigned the commercial, non-commercial, non-theatrical, sub titling-dubbing, duping, video cassettes, video copy rights, Disc High seas, Airborne rights and any other formats, which may be introduced during the period of agreement. Whileso, the 5 defendant expressed his desire of buying the sole right of exclusive distribution, exhibition and exploitation of commercial and non-commercial on electronic media from the plaintiff and therefore, a paper publication was issued in the magazine called “Complete Cinema” on 20.09.2014 calling upon any claims regarding the suit films. The plaintiff was shocked to receive a letter dated 25.09.2014 from the 1 defendant claiming rights in respect of the suit films mentioned in Item Nos. 1, 2, 6, 8, 9 and 10 without disclosing the source of his right.
2. Similarly, defendants 2 and 3 are also claiming World Satellite Television Rights including India for the suit films by their letter dated 22.09.2014 in respect of the suit film mention in Item No. 10 and Item Nos. 1, 2 and 6 respectively. The claim of the defendants are baseless and only to put the plaintiff into hardship and irreparable injury, the protest letter was sent. Hence, the suit has been filed seeking declaration that the plaintiff is the absolute copyright owner of the suit pictures for the distribution, exhibition, exploitation throughout the world in all the films and to grant permanent injunction restraining defendants 1 and 2, their agents from infringing the plaintiff's copyright.
3. There is no representation on behalf of the defendants despite necessary steps were taken to serve on them. After substitute service, the defendants were set exparte. Exparte evidence was recorded by way of proof affidavit. The plaintiff has marked 20 documents in support of the suit claim.
Ex. P4 is the agreement in respect of Item No. 1.
Exs.P8 and P9 are the agreements in respect of item No. 1.
Ex. P5 is the agreement in respect of Item No. 2
Ex. P6 is the agreement in respect of Item No. 5
Ex. P7 is the agreement in respect of Item No. 6.
Ex. P3 is the agreement in respect of item No. 7.
Ex. P2 is the agreement in respect of Item No. 8.
Ex. P1 is the Memorandum of Understanding between the original owner of the copyright in respect of film under Item Nos. 9 & 10.
Ex. P10 is the agreement in respect of item Nos. 9 and 10.
4. The contention of the plaintiff is that through Exs.P1 to P15, the plaintiff has proved the ownership of copyright over the suit schedule films and when he sought for assigning their rights to the third party, some objections were received from the defendants through their letters which are marked as Exs.P16 to P20. Though the defendants through the above said letters are claiming copyright over the said films, they have not filed any document to substantiate their claim. Hence, the suit for declaration is filed. Even in the suit, they have neither entered appearance to contest the case nor produce any document to substantiate their claim. Hence, the learned counsel appearing for the plaintiff would submit that the documents relied by the plaintiff are sufficient to show that he is the lawful copyright owner of the suit schedule films and hence, he is entitled for decree as prayed for.
5. A perusal of Exs.P1 to P10 indicates that the plaintiff has got the rights of distribution, exhibition, exploitation etc., right over the suit schedule films and he has been enjoying the same after getting the assignment from the lawful owner. The defendants though have raised objections for any assignment, they have not indicate their source of rights.
6. In the said circumstances, the plaintiff is entitled to the relief as prayed for. Accordingly, the Civil Suit is allowed with costs. Consequently, connected Application is closed.
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