NAIRMAN FILMS Vs. DILIP R MEHTA

JUDGEMENT

(1.) The plaintiff has filed a suit for permanent injunction for restraining the defendants from infringement of the copyright under Section 55 of the Copyright Act, 1957 ( hereinafter to be referred to as, 'the said Act') and for damages, accounts, delivery-up, etc.

(2.) The plaintiff and its predecessors are stated to be engaged in the business of film production and are producers inter alia of the film titled 'DON'. The plaintiff claims to be the author and owner of the copyright in the cinematographic film, sound recordings and the tracks. On 30.09.1975, a standard form contract was signed between the plaintiff and defendant No. 2. Defendant No. 2 is stated to have had a monopoly at the relevant stage of time in the business and had apparently entered into similar standard contracts with different parties.

(3.) The plaintiff states that rights were given under the agreement by the plaintiff to the defendants for a period of 25 years from expiry of the date of the contract, which was initially for a period of 4 years. The period is stated to have expired in September, 2004 and despite that the defendant is alleged to have continued to utilise the rights conferred under the agreement beyond the terms of the agreement. The further allegation is that certain rights not conferred under the agreement or which could not even be envisaged at the time of entering into the agreement are also being enjoyed by the defendant infringing the copyright of the plaintiff.