Madras High Court
Sun Tv Network Ltd vs K.V.V.Satyanarayana on 21 December, 2023
Author: Abdul Quddhose
Bench: Abdul Quddhose
C.S.No.974 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2023
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S. No.974 of 2010
SUN TV Network Ltd.,
rep. by its Authorised Signatory
M.Jyothi Basu ... Plaintiff
(amended as per order dated 25.03.2022 in A.No.
1251 of 2022 and time extended as per order dated
25.04.2022 and 17.06.2022)
Vs.
1.K.V.V.Satyanarayana
2.M/s.G.S.K.Network,
rep. by its Proprietor
G.S.K.Naidu
3.M/s.Shalimar Video Company
4.Ramanaidu Colour Laboratories ... Defendants
PRAYER: Plaint filed under Sections 55 and 62 of the Copyright Act, 1957
and Order IV Rule 1 of Original Side Rules 1956 read with Order VII Rule I
of C.P.C. prays for a judgment and decree against the defendants:
(i)for a declaration declaring that the plaintiff is the exclusive
copyright holder of the cinematography film “DONGALA BUNDI” (Telugu
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C.S.No.974 of 2010
colour), starring Allari Naresh, Tanya, Brahmanandam, Ali, Venu, Madhav,
Kondavalasa, Chitram Srinu, Shakila and others directed by Mr.V.Satish
and produced by Mr.K.V.V.Satyanarayana 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 as assigned in the agreement dated 17.02.2009;
ii)for a permanent injunction restraining the defendants, their men,
agents, assignees or any other person or persons claiming through them
from in any manner infringing the plaintiff’s copyrights in the
cinematography film “DONGALA BUNDI” (Telugu colour), starring Allari
Naresh, Tanya, Brahmanandam, Ali, Venu, Madhav, Kondavalasa, Chitram
Srinu, Shakila and others directed by Mr.V.Satish and produced by
Mr.K.V.V.Satyanarayana inclusive of the rights of Satellite Television
Broadcast, Direct to Home Broadcast, Direct Satellite Service,Terrestrial
Television Broadcast, CD, DVD 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 CD, DVD for
the entire world as assigned in the agreement dated 17.02.2009;
iii)Award damages of Rs.25,00,100/-; and
iv)directing the defendants to pay costs.
For Plaintiff : Mr.N.Narendran,
Assisted by Siddharth
for King & Patridge
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C.S.No.974 of 2010
JUDGMENT
This suit has been filed seeking for the following reliefs:
i)for a declaration to declare that the plaintiff is the exclusive
copyright holder of the cinematography film “DONGALA BUNDI” (Telugu
colour), starring Allari Naresh, Tanya, Brahmanandam, Ali, Venu, Madhav,
Kondavalasa, Chitram Srinu, Shakila and others directed by Mr.V.Satish
and produced by Mr.K.V.V.Satyanarayana 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 as assigned in the agreement dated 17.02.2009;
ii)for a permanent injunction restraining the defendants, their men,
agents, assignees or any other person or persons claiming through them
from in any manner infringing the plaintiff’s copyrights in the
cinematography film “DONGALA BUNDI” (Telugu colour), starring Allari
Naresh, Tanya, Brahmanandam, Ali, Venu, Madhav, Kondavalasa, Chitram
Srinu, Shakila and others directed by Mr.V.Satish and produced by
Mr.K.V.V.Satyanarayana inclusive of the rights of Satellite Television
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Broadcast, Direct to Home Broadcast, Direct Satellite Service,Terrestrial
Television Broadcast, CD, DVD 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 CD, DVD for
the entire world as assigned in the agreement dated 17.02.2009;
iii)Award damages of Rs.25,00,100/-; and
iv) directing the defendants to pay costs.
2.The plaintiff claims that they are the absolute copyright holder of
the Telugu film “DONGALA BUNDI” (Telugu colour) and the first
Defendant has assigned the copyright to the plaintiff vide Assignment
Agreement dated 17.02.2009 for a valuable consideration as envisaged
under Section 19 of the Copyright Act. Under the Assignment Agreement,
the first defendant has assigned the exclusive rights to broadcast and exploit
the Suit Film, inter alia, in respect of satellite, terrestrial, DTH telecast,
VCD, DVD rights and all other platforms more fully set out under Clause 1
& 3 of the Assignment Agreement amongst other clauses for a valuable
consideration of Rs.1,10,00,000/- (Rupees One Crore Ten Lakhs only) as
mentioned in clause 4 of the Assignment Agreement. Accordingly, the
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plaintiff had paid the entire consideration and got exclusive copyright in
respect of the Suit Film “DONGALA BUNDI” (Telugu colour). According to
the plaintiff, originally, the second defendant was the copyright holder of the
suit film. Thereafter, the second defendant has entered into an Assignment
Agreement dated 27.10.2008 with the first Defendant for the suit film,
“DONGALA BUNDI” (Telugu colour) inter alia, for terrestrial television
broadcast, satellite television broadcast rights and other rights. Thereafter,
the first defendant has entered into an Assignment Agreement with the
Plaintiff. The fourth defendant has issued a letter of confirmation dated
20.02.2009 to the plaintiff in respect of exclusive world satellite
broadcasting rights and other electronic media rights of the said film
“DONGALA BUNDI” (Telugu colour) for a perpetual period without any
geographical restrictions upon instructions from the first defendant as per
the said letter. According to the plaintiff, they are the exclusive copyright
holder of the suit film namely “DONGALA BUNDI” (Telugu colour).
3.While that be so, according to the plaintiff, they came to know that
the third defendant had pirated the suit film “DONGALA BUNDI” (Telugu
colour) and sold it in the market and earned illegal profits out of the same.
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According to the plaintiff, the third defendant has infringed the copyright of
the plaintiff over the subject movie and has committed an act of piracy by
selling the movies through DVDs and CDs. The fourth defendant is a
Laboratory, which was having possession of the negatives of the film
"DONGALA BUNDI" (Telugu colour) and only under those circumstances,
the fourth defendant has been arrayed as a party defendant in the suit. The
plaintiff has sought for a declaration and permanent injunction and has also
sought for awarding Rs.25,00,100/- towards damages together with interest
and costs. The defendants have been set exparte by this Court. Till date, no
application has been filed by any of the defendants to set aside the exparte
order.
4.The plaintiff's authorised representative M.Jyothi Basu (PW1) has
been examined as a witness on behalf of the plaintiff before the learned
Additional Master II. Through PW1, the following documents were marked
as Exhibits:
Ex.Nos. Date Description
P1 29.05.2015 Board Resolution
P2 17.02.2009 Assignment Agreement between the first
defendant and the plaintiff
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Ex.Nos. Date Description
P3 27.10.2008 Assignment Agreement by the second defendant
to the first defendant
P4 20.02.2009 Confirmation letter sent by the fourth defendant
to the plaintiff
P5 Original CDs
5.M.Jyothi Basu, the plaintiff's representative (PW1) has filed proof
affidavit reiterating the averments contained in the plaint before the learned
Additional Master II. As seen from Ex.P3, which is an Assignment
Agreement dated 27.10.2008 entered into between the second defendant and
the first defendant, the first defendant has obtained his rights in the suit film
“DONGALA BUNDI” (Telugu colour). The first defendant has thereafter
assigned the copyright for the said film in favour of the plaintiff under an
Assignment Agreement dated 17.02.2009, which has been marked as Ex.P2.
A confirmation letter dated 20.02.2009 issued by the fourth defendant,
which is the Laboratory, to the plaintiff confirming the transfer of copyright
in respect of the suit film in favour of the plaintiff, has been marked as
Ex.P4. The pirated VCD and DVD released by the third defendant was
marked as Ex.P5 before the learned Additional Master II, which confirms
that the third defendant has committed an act of piracy by making CDs and
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DVDs for the suit film without the permission of the plaintiff un-
authorisedly and has made profits out of the same by selling it to various
parties.
6.From the aforesaid documents, it is clear that the plaintiff is the
exclusive owner of the suit film "DONGALA BUNDI" (Telugu colour). The
second defendant has entered into an Assignment Agreement dated
27.10.2008 with the first Defendant for the suit film, "DONGALA BUNDI"
(Telugu colour) inter alia, for terrestrial television broadcast, satellite
television broadcast rights and other rights. Thereafter, the first defendant
has entered into an Assignment Agreement with the plaintiff dated
17.02.2009, which confirms that the plaintiff has acquired sole and
exclusive copyright to broadcast the film "DONGALA BUNDI" (Telugu
colour) through all modes including but not limited to the satellite system,
by acquiring World Satellite Rights, Direct to-home Services, Terrestrial
Digital Service, Cable Television Service, VCD, DVD, Laser Disc, Internet,
Radio, FM, Broadband, Wire, Wireless and all other modes, without any
restriction of geographical area. The relevant change in the Assignment
agreement dated 17.02.2009 (Ex.P3), which gives the plaintiff the aforesaid
rights, is extracted hereunder:
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'NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:-
1) The Assignor irrevocably assigns to the Assignee the sole
and exclusive copyright for broadcasting the said Film
through any Satellite System (Indian or Foreign), Exclusive
World Satellite Rights, Satellite Broadcasting Service,
Satellite Television Broadcasting Service, Satellite Radio
Broadcasting, Public Service Broadcasting, Private
Communication/ Broadcast, Terrestrial Broadcasting Service,
Terrestrial Digital Service/Broadcasting, Cable Television
Service, Station, Doordharshan, Direct to Home Service,
Airborne Rights, Seaborne Rights, Railborne Rights, Pay TV
Rights, VCD, DVD, Laser Disc, Internet, IP TV, D.V.B.T,
Radio (All Dimension), FM Broadband Telephony, Audio,
Video, Local Delivery Service, MMDS, Cable, Wire, Wireless,
any forms of communication 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 cognate expressions shall be
construed accordingly or any other systems without
restriction of geographical area.'
7.The plaintiff has also proved through Ex.P5, the priated CD and
DVD released by the third defendant that the third defendant has committed
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an act of piracy in respect of the suit film "DONGALA BUNDI" (Telugu
colour). Since the plaintiff has proved through oral and documentary
evidence that the third defendant has committed an act of piracy and the
plaintiff is the exclusive owner of the copyright for the suit film, the relief of
declaration and permanent injunction sought for by the plaintiff in the plaint
has to be granted by this Court. Apart from the declaration and the
injunction reliefs sought for in the plaint, the plaintiff has also sought for the
relief of damages against the defendants seeking for payment of damages of
Rs.25,00,100/-. As seen from the oral and documentary evidence available
on record, the plaintiff has not produced any evidence to prove that they
have suffered loss to the extent of Rs.25,00,100/- as claimed in the plaint on
account of the piracy committed by the third defendant. However, in view of
the fact that the third defendant has committed an act of piracy, some
amount of damages will have to be granted to the plaintiff though not for a
sum of Rs.10,00,000/- as claimed in the plaint.
8.For the foregoing reasons, this Court is of the considered view that
the suit claim has been proved based on the oral and documentary evidence
produced on record by the plaintiff.
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9.In the result, this Court quantifies the damages payable by the third
defendant to the plaintiff at Rs.1,00,000/- instead of Rs.25,00,100/-, claimed
in the plaint. Insofar as the remaining defendants are concerned, they are not
liable to pay any damages to the plaintiff since they are parties, who have
not committed an act of piracy for the following reasons:
No evidence has been placed on record by the plaintiff to prove that
with the connivance of defendants 1, 2 and 4, the third defendant had
committed an act of piracy.
10.In the result, this suit is partly decreed by granting the following
reliefs:
(a)It is declared that the plaintiff is the exclusive copyright holder of
the cinematography film “DONGALA BUNDI” (Telugu colour), starring
Allari Naresh, Tanya, Brahmanandam, Ali, Venu, Madhav, Kondavalasa,
Chitram Srinu, Shakila and others directed by Mr.V.Satish and produced by
Mr.K.V.V.Satyanarayana 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
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exhibition of the film by means of wireless diffusion and by wire for
communication to the public through Television Broadcast for the entire
world as assigned in the agreement dated 17.02.2009;
(b)A permanent injunction is granted restraining the defendants, their
men, agents, assignees or any other person or persons claiming through
them from in any manner infringing the plaintiff’s copyrights in the
cinematography film “DONGALA BUNDI” (Telugu colour), starring Allari
Naresh, Tanya, Brahmanandam, Ali, Venu, Madhav, Kondavalasa, Chitram
Srinu, Shakila and others directed by Mr.V.Satish and produced by
Mr.K.V.V.Satyanarayana inclusive of the rights of Satellite Television
Broadcast, Direct to Home Broadcast, Direct Satellite Service,Terrestrial
Television Broadcast, CD, DVD 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 CD, DVD for
the entire world as assigned in the agreement dated 17.02.2009;
(c)The third defendant is directed to pay Rs.1,00,000/- as damages to
the plaintiff.
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(d)The third defendant is directed to pay the costs of the suit to the
plaintiff.
21.12.2023
vga
List of Witness examined on the side of the Plaintiff:-
(PW1) Mr.Jyothi Basu
List of the Exhibits marked on the side of the Plaintiff:-
Ex.Nos. Date Description
P1 29.05.2015 Board Resolution
P2 17.02.2009 Assignment Agreement between the first
defendant and the plaintiff
P3 27.10.2008 Assignment Agreement by the second defendant
to the first defendant
P4 20.02.2009 Confirmation letter sent by the fourth defendant
to the plaintiff
P5 Original CDs
21.12.2023
vga
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ABDUL QUDDHOSE,J.
vga
21.12.2023
https://www.mhc.tn.gov.in/judis
