Prayer:- Both the suits are filed under Section 55 and 62 of the Indian Copyright Act, 1957 r/w Order IV Rule 1 OS Rules and Order VII Rule 1 CPC praying (a) for a declaration that the plaintiff is the absolute owner of the limited copyrights viz., Entire Video Copyrights and Cable TV rights etc., in the schedule mentioned films for perpetual period (b) for a permanent injunction restraining the defendants, their men, agents, servants or assigns from in any manner infringing the limited copyrights viz., entire video copyrights and cable TV rights etc., in the films described in the schedule to the plaint by exploiting or otherwise for perpetual period and (c) for costs.
The Judgment of the Court was delivered by
P. Velmurugan, J.:— The plaintiff and the defendants are one and the same in both the suits.
2. In both the agreement dated 28.10.1999 and 19.04.2001, the plaintiff is the copyright owner, the defendants 2 to 4 are the laboratories with whom the negatives are kept for storage, the 5th defendant exploiting the pictures through their cable TV network, whose copyright is vested with the plaintiff.
3. The plaintiff in CS. No. 410 of 2005 seeks permanent injunction in respect of 77 schedule mentioned films and the plaintiff in CS. No. 411 of 2005 seeks permanent injunction in respect of 30 schedule mentioned films. The cause of action arose that the first defendant assigned the copyrights to the plaintiff on 28.10.1999 and 19.04.2001, and the defendants 2 to 4 hold the negatives of the schedule mentioned films in both the suits. The 5 defendant exploiting the pictures through their cable TV network, whose copyright is vested with the plaintiff. Hence, the plaintiff filed the present suits for the relief stated supra.
4. In both the suits, all the defendants were set exparte, in order to prove the suits claim the plaintiff has given an authorisation letter to PW1.J. Dayalan for deposing evidence on behalf of the plaintiff, the copy of the authorisation letter dated 29.06.2007 is marked as Ex.P1 in both the suits and the agreement dated 28.10.1999 is marked as Ex.P2 in CS. No. 410 of 2005 and agreement dated 19.04.2001 is marked as Ex.P2 in CS. No. 411 of 2005.
5. The plaintiff company has proved its claim, the defendants have not appeared before the Court to defend the case and hence, they are set exparte by this Court on 12.08.2010 This Court finds from the oral and documentary evidences adduced on the side of the plaintiff and the plaintiff has proved the suits claim. Hence, the suits are decreed by granting declaratory relief that the plaintiff is the absolute owner relating to the films as found set out in the schedule of films appended in the lists and also granting permanent injunction restraining the defendants, their men, agents, servants or assigns from in any manner infringing the limited copyrights viz., Exclusive and Entire Satellite Television Copyrights including the Exclusive and Entire Cable Television Copyrights for Entire World Including India etc., in the films described in the schedule to the plaints by exploiting or otherwise. No costs.