Madras High Court
M/S.P.Jesygaa vs Tamil Film Producers' Council on 26 August, 2021
C.S.No.542 of 2018
and O.A.No.746 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2021
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.S(Comm.Div.).No.542 of 2018
and
O.A.No.746 of 2018
M/s.P.Jesygaa,
Proprietrix, JVKDS Enterprises
No.48/2, 1st Floor AVM Avenue
1st Main Road, Virugambakkam,
Chennai-600 092. ... Plaintiff
Vs.
1.Tamil Film Producers' Council
Rep.by its Honorary Secretaries,
No.606, Anna Salai, Chennai-600 006.
2.Tamil Film Producer Trade Trust,
Rep.by its Managing Trustee,
No.606, Anna Salai, Chennai-600 006.
3.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.
4.Mr.M.Thirumalai,
Proprietor,
1/7
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C.S.No.542 of 2018
and O.A.No.746 of 2018
M/s.TM Export & Import,
No.4/46, A-Block, Ganesh Apartments,
Tailors Estate 2nd Street,
Kodambakkam, Chennai-600 024.
5.Mr.N.Subash Chandrabose,
Proprietor, M/s.Thirrupathi Brothers,
No.16, Lamech Street, Janaki Nagar,
Valasaravakkam,
Chennai-600 087.
6.Mr.T.Siva,
Proprietor, M/s.Amma Creations,
No.14, Guhan Street,
West Kamakotti Nagar,
Valasaravakkam, Chennai-600 087.
7.Mr.M.R.Selvam,
Proprietor, M/s.Velammal Cinecreation,
No.100, Sai Nagar, 6th Street,
Virugambakkam, Chennai-600 092.
Defendants 4 to 7 impleaded as per order
dated 20.09.2018 in A.No.6474/2018in
C.S.No.542/2018 ... Defendants
Prayer: The Civil Suit has been filed under Order IV Rule 1 of
the Original Side Rules read with Section 7 of Commercial 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, praying for
2/7
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C.S.No.542 of 2018
and O.A.No.746 of 2018
(a) For declaration, declaring the Plaintiff is the sole and absolute
copyright owner in respect of telecasting songs and clippings only for 30
movies morefully 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 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 songs and songs
clippings only for 30 movies morefully 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 respective
agreements entered into between the Plaintiff and the respective Producers;;
(C) Costs for the suit.
For Plaintiff : Mr.Thiageswaran for
M/s.Waraon & Sairams
For D1 : Mr.B.Aravind Srevatsa
For D3, 4 to 7 : Ex parte
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https://www.mhc.tn.gov.in/judis/
C.S.No.542 of 2018
and O.A.No.746 of 2018
JUDGMENT
(This case has been heard through video conference)
The suit is filed for declaration and injunction in respect of the
copyrights assigned to the plaintiff by various producers who are arrayed as
defendants 3 to 7.
2. The case of the plaintiff is that, he has acquired the copyright
for 30 Tamil feature films from the producers of the feature films, under
valid agreements of assignment. While so, the defendants 1 and 3 have
placed paper advertisements on 11.06.2017 and 16.07.2017, as if they are
the proprietor of the movies, the songs, clippings teasers and trailers. The
movies should not be telecasted without their licence. Also informed the
public that they have proposed to assign the copyright of the movies Taluk
wise and if any person is interested in getting the assignment, they can
approach them.
3. The main averments in the plaint is that the first owners of the
movies morefully described under the schedule have already assigned their
https://www.mhc.tn.gov.in/judis/
C.S.No.542 of 2018
and O.A.No.746 of 2018
entire rights over the movie to the plaintiff through a valid agreement. While
so, taking advantage of the fact that these producers are all the members of
the Association, advertisement has been placed by the defendants 1 to 3,
though as an Association it do not have any rights over the movies to invite
applications for appointing licensee. Hence the suit for declaration and
injunction has been sought for.
4. Initially, the suit was filed only against the defendants 1 to 3
who have placed the advertisements without any copyrights over the
movies. Thereafter, the original owners of the copyrights were impleaded as
defendants 4 to 7. So notice were served on all the defendants. None of
them have filed their written statement. Hence they all were set ex-parte.
Evidence was recorded by the Additional Master II on 01.03.2021 &
06.08.2021. Seven exhibits were marked. Ex.P1 to Ex.P3, Ex.P6 and Ex.P7
are the agreements of assignment in favour of the plaintiff by the defendants
5, 6 and 7 respectively which indicates that the entire Indian cable TV rights
have been assigned to the plaintiff for a period of 99 years for consideration
mentioned in the agreement. This deed has not been disputed by the
producers who are the original owners of the copyrights.
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C.S.No.542 of 2018
and O.A.No.746 of 2018
5. The paper publication of the defendants 1 to 3 are marked as
Ex.P4 and Ex.P.5. The fact that the defendants 1 to 3 have
assumed/presumed the copyright over the films and had placed the
advertisements inviting applications for assignment of copyright which per
se not based on any documents. Merely because the original owners are all
the members of this Association, the copyright over the feature films cannot
be construed to be the copyright of the Association. Moreover, when the
producers have assigned the exclusive copyright in favour of the defendants
vide Ex.P1 to P3, Ex.P6 and Ex.P.7. Therefore, the relief of declaration and
injunction has to be granted in favour of the plaintiff in view of the
undisputed documents which are marked as Ex.P1 to Ex.P.7
6. The suit is allowed as prayed for with costs accordingly.
Consequently, connected application is also closed.
26.08.2021
rpl
https://www.mhc.tn.gov.in/judis/
C.S.No.542 of 2018
and O.A.No.746 of 2018
DR.G.JAYACHANDRAN, J.
rpl
C.S(Comm.Div.).No.542 of 2018
and
O.A.No.746 of 2018
26.08.2021
https://www.mhc.tn.gov.in/judis/
