Madras High Court

M/S.P.Jesygaa vs Mrs.Umarani on 13 December, 2021

                                   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.




                     1/12
https://www.mhc.tn.gov.in/judis
                     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:-




                     2/12
https://www.mhc.tn.gov.in/judis
                                  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


                                                               -----

https://www.mhc.tn.gov.in/judis 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

https://www.mhc.tn.gov.in/judis 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.

https://www.mhc.tn.gov.in/judis

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

https://www.mhc.tn.gov.in/judis 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

https://www.mhc.tn.gov.in/judis 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

https://www.mhc.tn.gov.in/judis 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

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

https://www.mhc.tn.gov.in/judis 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:-        ---





https://www.mhc.tn.gov.in/judis

List of the Exhibits marked on the side of the Plaintiff:-