Raj Television Network Ltd. vs Mrs. B.R. Andalammal

Mr. N. Sathish Kumar, J.—The suit has been filed for declaration that the plaintiff is the absolute owner of the limited copyright viz., the world satellite TV rights including India, world TV rights including India, national network and all Doordarshan Kendras, Metro Channels, Movie Clubs, Pay Television, Satellite Pay Television, Cable TV and Dish Antenna rights, internet rights and web rights for the entire world etc., in the pictures described in the schedule for perpetual period and also for a permanent injunction, restraining the defendants, their men, agents, servants or any other person acting on their behalf from telecasting the pictures, exploiting the pictures and interfereing with the plaintiff''s limited copyright viz., the world satellite TV rights including India, world TV rights including India, national network and all Doordarshan Kendras, Metro Channels, Movie Clubs, Pay Television, Satellite Pay Television, Cable TV and Dish antenna rights, internet rights and web rights for the entire world etc. in the pictures described in the schedule hereunder in any manner by themselves or through their satellite television network channels and also for costs of the suit.

The facts of the case are as follows:

(i) The plaintiff is a Company incorporated under the Companies Act and is carrying on business as satellite television broadcasting network. The programmes of the plaintiff are being telecasted widely throughout the world in almost 52 countries and the plaintiff acquired copyright of motion pictures.

(ii) The first defendant is the producer of the ten Tamil Talkie Pictures and transferred the negative rights under different agreements from time to time and the last of such agreement was given by the first defendant in favour of the third defendant on 13.02.1986, for a period of ten years from the date of the said agreement. Under the terms of the agreement, the rights would revert to the producer and the first defendant herein would be entitled to deal with the same absolutely. The transfer of negative rights in favour of the 3rd defendant was for exploiting the said pictures in 35 mm and the entire copyright in the said pictures vest only with the first defendant.

(iii) The first defendant under agreement dated 28.11.2000 transferred and assigned the exclusive rights of world satellite TV rights including India, National Network, high seas rights, air borne rights, DTH rights etc. in favour of the 2nd defendant for a valuable consideration. The first defendant, by letter dated 28.11.2000 addressed to M/s. Vijaya Colour Laboratory, where the negatives of the said pictures are kept, informed them that the exclusive rights as aforesaid have been transferred in favour of the 2nd defendant. The second defendant by agreement dated 27.09.2001 assigned the exclusive entire world satellite TV rights including India, world TV rights including India, national network and all Doordarshan Kendras Metro Channels, Movie Clubs rights etc. in favour of the plaintiff for perpetual period for a total consideration of Rs.7,50,000/-. The plaintiff has duly paid the consideration to the second defendant and is thus vested with the limited copyrights as stated above.

(iv) The 4th defendant, who claims to be an assignee of the satellite television rights of the picture "Kappalottiya Tamizhan" from the 3rd defendant herein, telecasted the picture in one of its channels K TV without any right whatsoever on 23.01.2002. The plaintiff also telecasted the said picture on 23.01.2002. Therefore, the 4th defendant issued a telegraphic notice through its counsel on 23.01.2002 calling upon the plaintiff to stop telecasting the said picture. The plaintiff issued a lawyer''s notice calling upon the 4th defendant to pay damages for the illegal telecast made by them stating that since the exclusive copyrights for World Satellite Television Broadcase and all other rights connected therewith, with respect to the Cinematography film "Kapalotiya Thamizhan" is vested with them, the act of telecasting the said film by the fourth defendant is illegal, improper and there is infrignment of the plaintiff''s limited copyright. Despite notice, the 4th defendant has now announced telecast of the picture "Thangamali Ragasiyam" in one of its channels K Tv on 31.01.2002, which is also illegal, improper and infringement of the plaintiff''s limited copyright viz., the world satellite television rights. Hence, the plaintiff has filed the suit for declaration of its limited copyright and also for a permanent injunction to restrain the defendants from interfering with the plaintiff''s copyright.

Though notice was served on the defendants long back, they have not chosen either to appear in person or through counsel. Therefore, they were set ex parte by this Court on 23.09.2015

On the side of the plaintiff, P.W.1-Raveendran, Director of the plaintiff company was examined and Exs.P1 to P4 were marked. Exs. P1 to P3 were also marked.

A memo has been filed by the plaintiff before this court bringing notice of the death of the first defendant B.R.Andalammal, Proprietrix of M/s. Padmini Pictures on 05.05.2005 and the second defendant B.R.Vijayakshmi being the sole legal heir of the deceased first defendant. The said memo is recorded.

Heard the learned counsel for the plaintiff and perused the records.

Ex.P1-Agreement entered into between the plaintiff and the second defendant dated 27.09.2001 is only a xerox copy and no reason was given by the plaintiff for non-filing of the original agreement. Furthermore, the conditions for compliance of the secondary evidence also not complied with. Therefore, this Court is not in a position to give credence to Ex.P1-Agreement dated 27.09.2001, wherein, the assignment was made in favour of the plaintiff. However, P.W.1 in his evidence has spoken about the assignment of copyright in their favour, which remains unchallenged.

Ex.P2-Telegraphic notice issued by the fourth defendant to the plaintiff shows that the fourth defendant requested the plaintiff to stop telecasting the film "Kappalottiya Tamizhan" in Raj TV on 23.01.2002. Under Ex.P3, a notice was issued by the fourth defendant to the plaintiff in that regard. Whereas, under Ex.P4, a notice dated 23.01.2002 was issued by the plaintiff stating that they have exclusive copyrights for World Satellite Television Broadcast and all other rights connected therewith with respect to the Cinematography film "Kappalottiya Thamizhan". It is pertinent to point out that P.W.1 in his evidence stated that they acquired exclusive copyright by way of agreement of assignment dated 27.09.2001 and the fourth defendant has no right whatsoever to telecast the said film.

Since the facts spoken in the chief examination remain unchallenged and the defendants were set ex-parte, this Court is of the view that though Ex.P1 is a xerox copy and cannot be looked into, considering the documents marked as Exs.P2 to P4, exchange of notices and also considering the evidence of P.W.1, which remained unchallenged and not been traversed by the defendants, this Court is of the view that on the basis of oral evidence of P.W.1 and other documents, the plaintiff is entitled for declaration and injunction as prayed for.

Accordingly, the Civil Suit is decreed as prayed for. No costs.