Madras High Court
M/S.Sun Tv Network Ltd vs M/S.Shree Cmr Productions on 7 September, 2021
C.S.(Comm.Div.)No.195 of
2016(A)
IN THE HIGHCOURT OF JUDICATURE AT MADRAS
Dated: 07.09.2021
Coram:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.S.(Comm.Div.)No.195 of 2016
M/s.SUN TV Network Ltd.
Represented by its Authorised Signatory,
Mr.M.Jyothi Basu,
Murasoli Maran Towers,
73 MRC Nagar Main Road,
MRC Nagar, Chennai -28 ... Plaintiff
/versus/
1.M/s.Shree CMR Productions
Rep By its Properietor, Mr.K.S.Shankar Reddy
City Space Properties, 50/1, Kammanahalli Main Road,
Behind Vision Opticals,
Bangalore- 560 043
2.M/s.PUBLIC TV
Rep by its Authorised Signatory,
4th Floor, Bmtc Complex,Yeshwanthpur,
Near Yeshwanthpur Circle,
Bangalore – 560 022 ..Defendants
Prayer:- Civil Suit has been filed under Order IV, Rule 1 of the Original Side
rules read with Order VII Rule 1 of C.P.C Rules read with with Sections 37,55,
& 62 of Copy Rights Act, prays for
(a). Declaration that the plaintiff is the sole and exclusive copyright holder
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C.S.(Comm.Div.)No.195 of
2016(A)
for broadcasting the Kannada film “ADDHURI” starring Dhruva Sarja, Radika
Pandith, Rangayana Raghu, Raju Talikote, Sharan & others, direction A.P.Arjun,
through any Satellite System (India or foreign) exclusive world satellite
Television Broadcast, Direct Satellite service, Satellite television broadcasting
service, terrestrial television broadcast (all dimensions) Satellite radio
broadcasting, public service broadcasting, private communication/broadcast
terrestrial broadcasting service, terrestrial digital service/slash broadcasting,
cable television service, station doordarshan, direct to home service, inflight,
airborne right, sea borne right, rail borne rights, pay TV rights, laser disc Internet
IPTV broadband telephone, telephony, cellphone, radio all dimensions, audio,
video, local delivery services, MMDS, all modes of public/private transportation,
cable wire, wireless, or through any other forms means and modes and any form
of communications like signs, signals writing pictures, images and sounds of all
kinds by transmission of electro magnetic waves through space or through cables
intended to be received by the general public either directly or indirectly through
the medium of relay stations and all its grammatical variations and expressions
shall be constructed accordingly or any other systems without restrictions of
geographical area and all channels of Doordarshan including National Network
for a perpetual period.
(b)consequential permanent injunction restraining the Defendants, their
men, representatives agents and anybody on behalf of the Defendants from
infringing the copyright of the plaintiff by exhibiting or exploiting the Kannada
film “ADDHURI” starring Dhruva Sarja, Radika Pandith, Rangayana Raghu,
Raju direction A.P.Arjun, through any Satellite System (Indian or foreign)
exclusive world satellite Television Broadcast, Direct Satellite service, Satellite
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C.S.(Comm.Div.)No.195 of
2016(A)
television broadcasting service, terrestrial television broadcasting (all
dimensions) Satellite radio broadcasting, public service broadcasting, private
communication/ broadcast terrestrial broadcasting service, terrestrial digital
service/slash broadcasting, cable television service, station doordarshan, direct to
home service, inflight airborne right, sea borne right, rail borne rights, pay TV
rights, laser disc Internet IPTV broadband telephone, telephony, cellphone, radio
all dimensions, audio, video, local delivery services, MMDS, all modes of
pubic/private transportation, cable, wire, wireless, or through any other forms
means and modes and any form of communications like signs, signals writing
pictures, images and sounds of all kinds by transmission of electro magnetic
waves through space or through cables intended to be received by the general
public either directly or indirectly through the medium of relay stations and all its
grammatical variations and expressions shall be constructed accordingly or any
systems without restrictions of geographical area and all channels of
Doordarshan including National network.
(c). To pay the cost.
For Plaintiff : M. Sneha
JUDGMENT
(Case has been heard through Video Conferencing)
The 1st defendant / M/s.Shree CMR Productions is the producer of
the Kannada movie "ADDHURI".
2. On 26.11.2010, with an intention to assign the copyright for the
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C.S.(Comm.Div.)No.195 of
2016(A)
said movie in favour of the plaintiff, the 1st defendant gave a lab letter to
M/s.Prasad Film Laboratories and requested to handover the negatives to the
plaintiff. Thereafter, the plaintiff and the 1st defendant entered an assignment
agreement dated 02.12.2010. For payment of consideration, supplementary
assignment agreement dated 14.06.2012 was also entered between the 1st
defendant and the plaintiff. Thereafter, the plaintiff has become the absolute
copyright owner of the Kannada film "ADDHURI" for broadcasting the said film
through any Satellite System (Indian or foreign) exclusive world satellite
Television Broadcast, Direct Satellite service, Satellite television broadcasting
service, terrestrial television broadcast (all dimensions) Satellite radio
broadcasting, public service broadcasting, private communication/broadcast
terrestrial broadcasting service, terrestrial digital service/slash broadcasting,
cable television service, station doordarshan, direct to home service, inflight,
airborne right, sea borne right, railborne rights, pay TV rights, laser disc internet
IPTV broadband telephone, telephony, cellphone, radio all dimensions, audio,
video, local delivery services, MMDS, all modes of public/private transportation,
cable, wire, wireless, or through any other forms means and modes and any form
of communications like signs, signals writing pictures, images and sounds of all
kinds by transmission of electro magnetic waves through space or through cables
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C.S.(Comm.Div.)No.195 of
2016(A)
intended to be received by the general public either directly or indirectly through
the medium of relay stations and all its grammatical variations and expressions
shall be constructed accordingly or any other systems without restrictions of
geographical area and all channels of Doordarshan including National network.
The above said assignment is for a perpetual period. While so, the 2nd defendant
had telecasted the song from the said movie "ADDHURI" on 02.03.2016 without
permission or licence from the plaintiff.
3. The plaintiff being the exclusive copyright holder with respect to
the said movie for both the negatives and digital format of the said movie, the 2nd
defendant without permission or licence from the plaintiff cannot exploit the
movie in full or part. However contrary to the rights of the plaintiff, the 2nd
defendant had fraudulently using the pirated CD and telecasted the songs of the
movie in their channel. Hence the present suit has been filed for declaration that
the plaintiff is the exclusive copyright holder of the Kannada film "ADDHURI"
and consequential permanent injunction against the defendants from any way
exhibiting or exploiting the movie in full or part.
4. Notice and summons sent to the defendants and the same was
received by them, but no written statement has been filed on behalf of the
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C.S.(Comm.Div.)No.195 of
2016(A)
defendants. Hence on 27.09.2019, this Court recorded their absence and have set
the defendants ex-parte and directed the Additional Master III for recoding
evidence. PW.1 has mounted the witness box and filed a proof affidavit in lieu of
examination and 7 exhibits were marked in support of the case.
5. The Censor Certificate dated 13.06.2012 for the said movie is
marked as Ex.P4. The producer of the said movie, i.e., the 1st defendant has
assigned the copyright over the movie in favour of the plaintiff under the
assignment deed dated 02.12.2010 is marked as Ex.P3. Subsequently as entered
into supplementary agreement dated 14.06.2012 is marked as Ex.P5. While so,
the 2nd defendant in his channel had telecasted the song from the movie
"ADDHURI" on 02.03.2016. The 2nd defendant had infringed the copyright of
the plaintiff by telecasting the song without obtaining any permission or licence
from the lawful copyright holder.
6. Hence the relief of declaration is granted based on the Ex.P.3 and
Ex.P.5. As far as the injunction relief is concerned, the pirated version of the
song has been telecasted by the 2nd defendant and the same is proved through the
CD Ex.P.7. The 2nd defendant has not come forward to justify their rights to
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C.S.(Comm.Div.)No.195 of
2016(A)
telecast the song of the said movie without licence or permission of the plaintiff
who is the copyright holder. Hence the relief of injunction is also granted.
7. In the result, the suit is allowed as prayed for with costs.
07.09.2021
Index :Yes/No 4/4
speaking order/non speaking order
rpl/dk
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C.S.(Comm.Div.)No.195 of
2016(A)
DR.G.JAYACHANDRAN,J.
rpl/dk
C.S.(Comm.Div.)No.195 of 2016
07.09.2021
https://www.mhc.tn.gov.in/judis/
