M/S.Sun Tv Network Ltd vs M/S.Sri Balaji Cine Media
2023 Latest Caselaw 12808 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED:20.09.2023

                                                  CORAM:

                                    THE HONOURABLE MS. JUSTICE P.T.ASHA

                                              C.S.No.449 of 2018
                                                    and
                                              OA.No.639 of 2018

                M/s.Sun TV Network Ltd.
                Rep by its Authorised Signatory,
                Mr.M.Jyothi Basu,
                Murasoli Maran Towers,
                73 MRC Nagar Main Road,
                MRC Nagar, Chennai – 28                             ... Plaintiff
                                                     Vs

                1.

M/s.Sri Balaji Cine Media Partnership Firm rep by its partnership Mr.J.Bhagavan Mr.J.Pulla Rao, Plot No.8, Road No.82, Phase -III, Jubilee Hills, Filmnagar, Hyderabad – 500 033.

2.Volga Videos rep by Mr.Prasad Guduru 6-3-676, Flat No.103, Classic Emerald Apartments, Panjagutta, Hyderabad – 500 082. ... Defendants

https://www.mhc.tn.gov.in/judis

Prayer:- This Civil Suit is filed under Order VI Rule 1 of O.S.Rules r/w

Order VII Rule 1 of the Code of Civil Procedure Code,1908, r/w Section

55 and 62 of the Copyright Act, 1957, praying to pass a judgement and

decree:

(a) for permanent injunction restraining the defendants, their

men, representatives, agents and anybody on behalf of the defendants from

in anyway exhibiting or exploiting the Telugu film “GOWTHAM

NANDA” starring Gopichand, Hansika Motwani, Catherine Tresa,

Mukesh Rushi and others through satellite Television Broadcast, Direct to

Home broadcast, direct satellite service, internet video streaming through

all forms. I.P TV, broadband, telephone, telephony, cell phone, radio (all

dimensions) VCD, DVD, video on demand, movie on demand, video,

High definition (HD), laser disc, blue ray, U-matic, inflight, airborne,

railborne, terrestrial television broadcast (all dimensions) through

cable/via cable TV, local delivery system, MMDS, paper view, seaborne,

all modes of public/private transportation, public service broadcasting,

private communication/broadcast, wire, wireless, 2D & 3D

formats/dimensions of the film or any other formats/dimensions which

https://www.mhc.tn.gov.in/judis

may be in existence now or invented in future or through any other forms,

means and modes and any forms of communication like signs, signals,

writing, pictures, images and sounds of all kinds of transmission of electro

magnetic waves through space or through cables intended to be received

by the general public either directly or indirectly though 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 and including all channels of Doordarshan for a

perpetual period more particularly in the internet.

(b) to pay damages of a sum of Rs.30,00,000/- to the plaintiff.

(c) to pay cost.

(d) pass any further similar other orders as this Honourable court

may deem fit and proper in the circumstances of the case and thus render

justice.

                                  For Petitioner           : Mr.Narendran

                                  For Defendants           : No appearance




https://www.mhc.tn.gov.in/judis

                                                         JUDGMENT

The suit has been filed for the following reliefs:

“(a) for permanent injunction restraining the

defendants, their men, representatives, agents and

anybody on behalf of the defendants from in anyway

exhibiting or exploiting the Telugu film “GOWTHAM

NANDA” starring Gopichand, Hansika Motwani,

Catherine Tresa, Mukesh Rushi and others through

satellite Television Broadcast, Direct to Home

broadcast, direct satellite service, internet video

streaming through all forms. I.P TV, broadband,

telephone, telephony, cell phone, radio (all

dimensions) VCD, DVD, video on demand, movie on

demand, video, High definition (HD), laser disc, blue

ray, U-matic, inflight, airborne, railborne, terrestrial

television broadcast (all dimensions) through

cable/via cable TV, local delivery system, MMDS,

paper view, seaborne, all modes of public/private

https://www.mhc.tn.gov.in/judis

transportation, public service broadcasting, private

communication/broadcast, wire, wireless, 2D & 3D

formats/dimensions of the film or any other

formats/dimensions which may be in existence now or

invented in future or through any other forms, means

and modes and any forms of communication like signs,

signals, writing, pictures, images and sounds of all

kinds of transmission of electro magnetic waves

through space or through cables intended to be

received by the general public either directly or

indirectly though 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 and including

all channels of Doordarshan for a perpetual period

more particularly in the internet.

(b) to pay damages of a sum of Rs.30,00,000/- to

the plaintiff.”

https://www.mhc.tn.gov.in/judis

Plaintiff's case:

2. It is the case of the plaintiff that they are a leading Television

network in South India, having large viewership. There are several

channels being operated by the plaintiff. The plaintiff would submit that

they have now branched out to hosting a FM radio station which once

again is rated as the first, amongst its listeners. The plaintiff is also

involved in the production and distribution of the movies. They have also

produced good movies.

3.It is the case of the plaintiff that in the course of their business

they have entered into an Assignment Agreement with the copyright

owners of films for Terrestrial Television Broadcast and Satellite

Television Broadcast rights and also other broadcasting rights including

the exhibition of films by means of wireless diffusion and by wire for

communication of the public. The first defendant is the producer and the

exclusive copyright holder of the Telugu film “Gowtham Nanda” which

has a star cast of Gopichand, Hansika Motwani, Catherine Tresa, Mukesh

Rushi and others. By an Assignment Agreement dated 02.03.2017, the

https://www.mhc.tn.gov.in/judis

first defendant has assigned a copyright to the said film to the plaintiff for

consideration of a sum of Rs.4,40,00,000/- (Rupees Four Crores Forty

Lakhs only) and a sum of Rs.66,00,000/- (Rupees Sixty Six Lakhs only)

was paid as an advance on the date of signing of the agreement. The

balance of Rs.3,74,00,000/- (Rupees Three Crores Seventy Four Thousand

only) was to be paid one day before the theatrical release of the said film.

4. The plaintiff would submit that in keeping with the terms of

the Assignment Agreement, a day before the telecast, the plaintiff and first

defendant had entered into a Supplementary Agreement dated 21.07.2017,

which acknowledged the receipt of the entire money from the plaintiff to

the first defendant and the details of the payment was also set out in the

said agreement and from this date the plaintiff has become the absolute

copyright holder of the said movie. The assignment being for the perpetual

period of 99 years.

5. The Assignment Agreement clearly stipulated the following

rights for broadcasting the film:

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“broadcasting the said film through satellite

Television Broadcast, Direct to Home broadcast, direct

satellite service, internet video streaming through all

forms. I.P TV, broadband, telephone, telephony, cell

phone, radio (all dimensions) VCD, DVD, video on

demand, movie on demand, video, High definition (HD),

laser disc, blue ray, U-matic, inflight, airborne,

railborne, terrestrial television broadcast (all

dimensions) through cable/via cable TV, local delivery

system, MMDS, paper view, seaborne, all modes of

public/private transportation, public service

broadcasting, private communication/broadcast, wire,

wireless, 2D & 3D formats/dimensions of the film or any

other formats/dimensions which may be in existence now

or invented in future or through any other forms, means

and modes and any forms of communication like signs,

signals, writing, pictures, images and sounds of all kinds

of transmission of electro magnetic waves through space

https://www.mhc.tn.gov.in/judis

or through cables intended to be received by the general

public either directly or indirectly though 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 and including all channels of Doordarshan. The

above said assignment is for a perpetual period of 99

years.”

6. Acknowledging the assignment made in their favour, the first

defendant had also issued a letter to Prasad Film Laboratories Pvt. Ltd.,

dated 02.03.2017, confirming the assignment in favour of the plaintiff. A

letter of the same date was also issued to the Telugu Film Producer's

Council, informing them about the assignment. The lab pursuant to the

letter from the first defendant by its letter dated 04.03.2017 addressed to

the plaintiff confirmed the assignment of the copyright with respect to the

film “GOWTHAM NANDA”. This was further reiterated by its letter

dated 25.07.2017 subsequently. The plaintiff had exploited the songs,

https://www.mhc.tn.gov.in/judis

clipping of the movie numerous time in its channels and has also telecast

the movie in Gemini TV on 14.04.2018. While so, the plaintiff was

shocked to come across the movie “GOWTHAM NANDA” uploaded in

the You Tube showing the second defendant to be the copyright owner of

the said movie when, the plaintiff is the exclusive copyright holder of the

movie and the negatives and also digital format had been handed over to

the plaintiff by the lab. Despite this, the second defendant who has no

copyright to the said movie has uploaded the same in the You Tube

clandestinely. This is a clear infringement of the plaintiff's copyright of the

movie “GOWTHAM NANDA” which has been assigned in their favour

by the Assignment Agreement dated 02.03.2017 and reiterated in the

Supplementary Agreement dated 21.07.2017. That apart, the assignment in

favour of the plaintiff has been confirmed by the letters from the lab.

Therefore, the plaintiff has come forward with the suit in question. Though

notice has been served on the first and second defendants on 31.12.2021

and 23.07.2018, respectively, the defendants have not entered appearance

and therefore, they are set ex-parte on 03.07.2023.

https://www.mhc.tn.gov.in/judis

7. This Court by an order dated 10.07.2023 had framed the

following issues:

“i) Whether the plaintiff has been assigned the

exclusive right for broadcasting the Telugu film

“GOWTHAM NANDA” through Satellite Television

Broadcasting, Direct to Home Broadcasting and through

various other formats and dimensions etc?

ii)Whether the Assignment Agreement dated

02.03.2017 and the Supplementary Agreement dated

21.07.2017 confers absolute copyright on the plaintiff?

iii)Whether the 1st defendant has acted upon this

agreement by issuing letters to M/s.Prasad Film

Laboratories Pvt. Ltd., the Telugu Film Producers

Council etc?

iv)Whether the 2nd defendant by uploading the

said film on YouTube has infringed the plaintiff's

copyright to the said movie?

v)To what other reliefs are the plaintiff entitled

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to?”

8. Thereafter, the plaintiff was directed to appear before the

learned Additional Master-IV on 04.08.2023 for ex-parte evidence. It

appears that the plaintiff has also concluded their evidence on 16.08.2023

and P.W.1 was examined and Ex.P1 to Ex.P11 have been marked. The

plaintiff has also filed written arguments as well as convenience typed set

of papers.

9. Mr.Narendran, learned counsel appearing on behalf of the

plaintiff would submit that Ex.P2 - Assignment Agreement dated

02.03.2017 and Ex.P3 - Supplementary Agreement dated 21.07.2017

would clearly go to show that the movie “GOWTHAM NANDA” had

been assigned by the original proprietor. This fact is also confirmed by the

letters of the Prasad Film Laboratories Pvt., Ltd. Ex.P6 which also refers

to an earlier letter dated 04.03.2017. The factum of the infringement has

been proved by Ex.P9 and the e-mail from You Tube to the plaintiff

(Ex.P10). It also appears that the movie was also removed from the You

https://www.mhc.tn.gov.in/judis

Tube which is evident by Ex.P11. P.W.1 has also got into the box and

reiterated that they have already exploited the rights given to them under

the Ex.P2 - Assignment Agreement dated 02.03.2017 and Ex.P3 -

Supplementary Agreement dated 21.07.2017. The screen shots of the

telecast of the movie in question by the second defendant is evident from

Ex.P9 and You Tube by sending e-mail to the plaintiff under Ex.P10 has

confirmed the infringement by the 2nd defendant. Therefore, the issues 1 to

3 are answered in favour of the plaintiff and it is proved that the second

defendant has uploaded the said film on You Tube. It is also proved by

Ex.P9 and Ex.P10 that the second defendant has uploaded the film in You

Tube, thereby infringing the plaintiff's copyright of the movie. Therefore,

the issue No.4 is also answered in favour of the plaintiff.

10. Though the plaintiff had claimed the damages of a sum of

Rs.30,00,000/- (Rupees Thirty Lakhs only), the same has not been proved

by the plaintiff. Therefore, the suit is decreed with reference to prayer (a)

and dismissed with regard to prayer (b). Consequently, the connected

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application is closed. No costs.

20.09.2023

Internet:Yes Index:Yes/No Speaking/Non speaking order apd / ssa

List of witness on the side of the Plaintiff:

P.W.1 - Mr. Jyothi Basu

List of Exhibits marked on the plaintiff's side:

Ex.P.1 - is the original Board Resolution dated 14.11.2011.

E.P.2 - is the photocopy of Assignment Agreement dated 02.03.2017.(Original is produced, compared and returned to the plaintiff's counsel).

Ex.P.3 - is the photocopy of Supplementary Agreement dated 21.07.2017.(Original is produced, compared and returned to the plaintiff's counsel).

Ex.P.4 - is the photocopy of letter from 1st defendant to Prasad Film Laboratories Pvt.Ltd dated 02.03.2017.(Original is produced, compared and returned to the plaintiff's counsel).

Ex.P.5 - is the photocopy of letter from 1st defendant to Telugu Film Producer's Council dated 02.03.2017.(Original is produced, compared and returned to the plaintiff's counsel).

Ex.P.6 - is the photocopy of letter from lab to plaintiff https://www.mhc.tn.gov.in/judis

dated 25.07.2017.(Original is produced, compared and returned to the plaintiff's counsel).

Ex.P.7 - is the photocopy of the Censor Certificate dated 25.07.2017.(The counsel for the plaintiff submitted that the original was retained by the producer.)

Ex.P.8 - is the printout of the email communication recording receipt of all materials from the lab dated 26.07.2017.

Ex.P9 - is the printout of the screenshot of 2nd defendant's channel in Youtube dated 19.05.2018.

Ex.P.10 - is the printout of the email notification issued by the Youtube to plaintiff dated 26.05.2018.

Ex.P.11 - is the printout of the proof of removal from Youtube dated 28.05.2018.

Section 65B affidavit is filed for Ex.P8 to Ex.P11.

https://www.mhc.tn.gov.in/judis

P.T.ASHA, J.

ssa/apd

C.S.No.449 of 2018

20.09.2023

https://www.mhc.tn.gov.in/judis