Madras High Court
M/S.Sun Tv Network Ltd vs Mr. B.V. Ravindranath on 7 September, 2021
C.S.(Comm.Div.)No.194 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.194 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.Mr. B.V. Ravindranath,
S/o.Mr.B.S.Viswanath Setty
No.8 1st Main Road, 1st Floor,
Gandhinagar, Bangalore- 560 009.
2.M/s.PUBLIC TV
Rep by its Authorised Signatory,
4th Floor, Bmtc Complex,
Yeshwanthpur, Near Yeshwanthpur Circle,
Bangalore – 560022 ..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 Sections 37, 55 & 62
of the Copyrights Act, prays for:
(a). Declaration that the plaintiff is the sole and exclusive copyright holder
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C.S.(Comm.Div.)No.194 of
2016(A)
for broadcasting the Kannada film “JEEVA” starring Prajwal, Devaraj, Rutva,
Rangayana Raghu & others direction Raghu Srinivas, 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, 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) 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
“JEEVA” starring Prajwal, Devaraj, Rutva, Rangayana Raghu & others,
direction Raghu Srinivas, through any Satellite System (India or foreign)
exclusive world satellite Television Broadcast, Direct Satellite service, Satellite
television broadcasting service, terrestrial television broadcasting (all
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C.S.(Comm.Div.)No.194 of
2016(A)
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 : Ms.M. Sneha
JUDGMENT
(Case has been heard through Video Conferencing
The Kannada movie "JEEVA" was produced by one P2 Productions
and the copyright over the movie was assigned by the producer to and in favour
of the 1st defendant vide assignment agreement dated 01.04.2009. The said
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C.S.(Comm.Div.)No.194 of
2016(A)
assignment is also reflected in the lab letter dated 28.05.2009. Thereafter, from
the 1st defendant, the plaintiff has become the absolute copyright owner of the
Kannada film "JEEVA" by way of assignment agreement dated 14.12.2009 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 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
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C.S.(Comm.Div.)No.194 of
2016(A)
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 "JEEVA" 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 "JEEVA" 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
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
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C.S.(Comm.Div.)No.194 of
2016(A)
evidence. PW.1 has mounted the witness box and filed a proof affidavit in lieu of
examination and 10 exhibits were marked in support of the case.
5. The Censor Certificate dated 13.11.2009 for the said movie is
marked as Ex.P.5. From the Censor Certificate, the producer and the first owner
of the movie is disclosed as P2 production. From P2 Production, the 1st defendant
has got entire assignment under Ex.P.2 dated 01.04.2009. From the 1st defendant,
the plaintiff has obtained the entire assignment by virtue of Ex.P.8 dated
14.12.2009. While so, the infringement of the copyright by telecasting it using
pirated version of the song is established through the CD marked as Ex.P.10.
Therefore, the plaintiff is entitled for the relief of declaration.
6. 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.10. The 2nd defendant has not come forward to justify their rights to
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.
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C.S.(Comm.Div.)No.194 of
2016(A)
07.09.2021
Index :Yes/No 3/4
speaking order/non speaking order
rpl/dk
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C.S.(Comm.Div.)No.194 of
2016(A)
DR.G.JAYACHANDRAN,J.
rpl/dk
C.S.(Comm.Div.)No.194 of 2016
07.09.2021
https://www.mhc.tn.gov.in/judis/
