Madras High Court
M/S.Sun Tv Pvt. Ltd vs M/S.Kairali Tv on 21 June, 2021
C.S.No.443 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.443 of 2005,
O.A.No.533 of 2005
and
A.No.3104 of 2006
M/s.SUN TV PVT. Ltd.,
Rep. by its Manager (Programming)
No.367-369, Anna Salai,
Teynampet,
Chennai – 600 018. ...Plaintiff
.Vs.
1.M/s.Kairali TV.,
Unit of Malayalam Communications Ltd.,
Rep. by its Managing Director,
Vadakkekottaram,
Padmavilasom Road, Fort P.O.
Tiruvananthapuram – 695 023
Kerala.
2.M/s.Gee Bee Videos
Rep. by its Proprietrix,
Flat No.B/1-C, Garden Court Apartments,
Aalinchuvadu, Palarivattom,
Cochin – 682 024
Kerala.
3.M/s.Vinodh Movies,
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C.S.No.443 of 2005
Rep. by its Proprietor
TDS Road,
Kochi – 682 035
Kerala. ... Defendants
Plaint filed under Section 55 and 56 of the Copy Right Act, 1957
and Order IV Rule 1 of the Original Side Rules, 1956 read with Order
VII Rule 1 of the Code of Civil Procedure praying for:
a) declaring that the plaintiff is the owner of the entire Copy
Rights in the Cinematography film “Thekkekara Superfast” (Malayalam
Colour), starring M/s.Mukesh, Dileep, Harisree Ashokan, Jagathy, Rajan
P.Dev Gayatri, KPAC Lalitha & Others and directed by Thaha; inclusive
of the rights of Satellite Television Broadcast, Direct to Home Broadcast,
Direct Satellite Service, Terrestrial Television Broadcast and all other
rights connected therewith including exhibition of the film by means of
wireless diffusion and by wire for communication to the public through
Television Broadcast for the entire world;
b) consequential permanent injunction restraining the first
defendants, their men, agents, assignees or any other person or persons
claiming through them from in any manner infringing the plaintiff's copy
rights in the Cinematography film “Thekkekara Superfast” (Malayalam
Colour), starring M/s.Mukesh, Dileep, Harisree Ashokan, Jagathy, Rajan
P.Dev Gayatri, KPAC Lalitha & Others and directed by Thaha; inclusive
of the rights of Satellite Television Broadcast, Direct to Home Broadcast,
Direct Satellite Service, Terrestrial Television Broadcast and all other
rights connected therewith including exhibition of the film by means of
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C.S.No.443 of 2005
wireless diffusion and by wire for communication to the public through
Television Broadcast for the entire world and
c) directing the first defendant to pay costs.
For Plaintiff : Mrs.M.Sneha
for Mr.J.Ravindran
For Defendants : Mr.N.Srinivas Jayaprakash for D1
No appearance for D2 and D3
********
JUDGMENT
The plaintiff has sued for the following reliefs:-
a) A declaration that the plaintiff is the owner of the entire Copy
Rights in the Cinematography film “Thekkekara Superfast” (Malayalam
Colour), starring M/s.Mukesh, Dileep, Harisree Ashokan, Jagathy, Rajan
P.Dev Gayatri, KPAC Lalitha & Others and directed by Thaha; inclusive
of the rights of Satellite Television Broadcast, Direct to Home Broadcast,
Direct Satellite Service, Terrestrial Television Broadcast and all other
rights connected therewith including exhibition of the film by means of
wireless diffusion and by wire for communication to the public through
Television Broadcast for the entire world;
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C.S.No.443 of 2005
b) consequential permanent injunction restraining the first
defendants, their men, agents, assignees or any other person or persons
claiming through them from in any manner infringing the plaintiff's copy
rights in the Cinematography film “Thekkekara Superfast” (Malayalam
Colour), starring M/s.Mukesh, Dileep, Harisree Ashokan, Jagathy, Rajan
P.Dev Gayatri, KPAC Lalitha & Others and directed by Thaha; inclusive
of the rights of Satellite Television Broadcast, Direct to Home Broadcast,
Direct Satellite Service, Terrestrial Television Broadcast and all other
rights connected therewith including exhibition of the film by means of
wireless diffusion and by wire for communication to the public through
Television Broadcast for the entire world and
c) directing the first defendant to pay costs.
2. It is the contention of the plaintiff that the Producer of the movie
viz., M/s.Vinodh Movies assigned Satellite Rights (Television Rights) to
one M/s.Gee Bee Videos under the agreement dated 17.02.2004. The
said Gee Bee Videos viz., the 2nd defendant in turn assigned the rights to
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C.S.No.443 of 2005
the plaintiff under the agreement dated 18.03.2004. Therefore, the
plaintiff would claim that it is entitled to the copyright of the movie
“Thekkekara Superfast”.
3. The defence is that the original Producer viz.,M/s.Canary Films
had assigned the Satellite Rights to one M/s.Rappadi Release under the
agreement dated 07.05.2001 and the said M/s.Rappadi Release, the
assignee had parted with its rights in favour of M/s.Gayathri Release
under an agreement dated 12.01.2002. It is the further claim in defence
that the said M/s.Gayathri Release which is a Proprietary concern
assigned the rights to the 1st defendant on 08.04.2005. But, the name of
the movie in the two sets of agreement is different.
4. However, Mr.N.Srinivas Jayaprakash, learned counsel
appearing for the 1st defendant would now contend that the 1st defendant
viz., Kairali Television is not claiming any right over the movie as of
today since the term of its agreement is already over.
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C.S.No.443 of 2005
5. As adverted to there is no prayer for damages in the plaint.
Therefore, without going into the controversy as to whether both the
movies are same or not, the suit is disposed of solely on the ground that
the right assigned to the defendants had expired and the defendants no
longer claim right over the movie subject matter of the suit. There will
be no costs. It will be open to the plaintiff to establish its rights under
the agreement dated 18.03.2004 against any other person who claims any
right over the movie in question. In view of the disposal of the suit, the
application in A.No.3104 of 2021 will stand dismissed and the
application in O.A.No.533 of 2005 will stand closed.
21.06.2021
dsa
Index : No
Internet : Yes
Speaking order
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C.S.No.443 of 2005
List of the witnesses examined on the side of the plaintiff: Nil
List of Exhibits marked on the side of the plaintiff : Nil
List of the witnesses examined on the side of the defendants: Nil
List of Exhibits marked on the side of the defendants: Nil
21.06.2021
dsa
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C.S.No.443 of 2005
R.SUBRAMANIAN, J.
dsa
C.S.No.443 of 2005
21.06.2021
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