Madras High Court
M/S.Sun Tv Network Ltd vs Mr. P.Ramesh on 7 September, 2021
C.S.(Comm.Div.)No.192 of 2016
IN THE HIGHCOURT OF JUDICATURE AT MADRAS
Dated: 07.09.2021
Coram:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.S.(Comm.Div.)No.192 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. P.Ramesh,
S/o.Mr.Puutaswamy Gowda,
Mangala Gowri FPD, No.28, 1st Main Road,
Karekulla,
Kamakshipalaya,
Bangalore- 560 079.
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, praying for
(a). Declaration that the plaintiff is the sole and exclusive copyright holder
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C.S.(Comm.Div.)No.192 of 2016
for broadcasting the Kannada film “EDEGARIKE” starring Adithya, Athul
Kulkarni, Akanksha, Ravishankar & others direction Suman Kittur, 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) 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 “EDEGARIKE” starring Adithya, Athul Kulkarni, Akanksha, Ravishankar
& others direction Suman Kittur, 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.192 of 2016
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 Plaintiffs : Ms.M. Sneha
JUDGMENT
(Case has been heard through Video Conferencing)
The plaintiff in this case is the assignee of the copyright in respect
of the Kannada movie "EDEGARIKE".
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C.S.(Comm.Div.)No.192 of 2016
2. The said movie was produced by M/s.Megha Movies and the
entire copyrights were assigned by the producer in favour of the 1st defendant by
virtue of lab letter dated 11.10.2012. Thereafter, as an absolute copyright owner
of the said movie, the 1st defendant has assigned the copyright to the plaintiff by
his letter dated 30.10.2012 to M/s.Prasad Film Laboratories and under the deed
of assignment dated 14.11.2012. Under this deed of assignment, the plaintiff has
become the absolute copyright owner of the Kannada film "EDEGARIKE" 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
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C.S.(Comm.Div.)No.192 of 2016
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. The above said assignment is for a
perpetual period. While so, the plaintiff has come to know that the 2nd defendant,
who has no right with respect to the movie, had telecasted the song from the
movie "EDEGARIKE" on 02.03.2016.
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
"EDEGARIKE" and consequential permanent injunction against the defendant
from any way exhibiting or exploiting the movie in full or part.
4. Notice and summons sent to the defendants and the same was
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C.S.(Comm.Div.)No.192 of 2016
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
evidence. PW.1 entered the witness box and filed a proof affidavit in lieu of
examination and 9 exhibits were marked in support of the case.
5. The assignment agreement in favour of the 1st defendant dated
10.10.2012 is marked as Ex.P.2. The deed of assignment by the 1st defendant in
favour of the plaintiff dated 14.11.2012 is marked as Ex.P.7. The pirated version
of the CD is marked as Ex.P.9. These documents show that the plaintiff is the
assignee of the entire copyright of the Kannada film "EDEGARIKE". They trace
the right through the assignment from the first owner namely the producer to the
1st defendant and from the 1st defendant to the plaintiff. This fact is proved
through Ex.P2 and Ex.P7. Hence the relief of declaration is granted based on
these two documents.
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.9. The 2nd defendant has not come forward to justify their rights to
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C.S.(Comm.Div.)No.192 of 2016
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 1/4
speaking order/non speaking order
rpl/dk
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C.S.(Comm.Div.)No.192 of 2016
DR.G.JAYACHANDRAN,J.
rpl/dk
C.S.(Comm.Div.)No.192 of 2016
07.09.2021
https://www.mhc.tn.gov.in/judis/
