SARTAJ SINGH PANNU Vs. GURBANI MEDIA PVT LTD

JUDGEMENT

(1.) Sartaj Singh Pannu ("Pannu"), a young film Director, is the Petitioner in this petition under Section 9 of the Arbitration and Conciliation Act, 1996 ("Act"). Pannu seeks orders restraining Gurbani Media Pvt. Ltd. (Respondent No.1) and its Chairman and Managing Director Mr. Harinder Singh Sikka (Respondent No.2) ("Sikka") from releasing the film "Nanak Shah Fakir" without giving him credit as the "sole Director" of the film.

(2.) The Court has, in the judgment that follows, concluded that at the present stage, without further evidence being led, it is not possible to conclusively hold that Pannu is the sole Director of the film. The Court has further concluded that the question whether for the purposes of Section 2 (v) of the Copyright Act, 1962 (CR Act), a Director of a film could be considered an "author" of an "artistic work" would also depend on the facts of each case. In the present case that determination is not possible without evidence being led in the arbitration proceedings. The Court has further concluded that in any event in terms of the CR Act such a right to be recognised as an "author" can be waived voluntarily. Again, at the present stage, without evidence being led, the Court is unable to conclude that Pannu was coerced or otherwise compelled into waiving his rights to be acknowledged as a Director of the film "Nanak Shah Fakir". The Court negatives the plea of Pannu that independent of the CR Act he has moral rights to the film, the waiver of which would be opposed to public policy.

(3.) Pannu and Respondent No.1 entered into a "Service Agreement for Direction" on 15th January 2013 at New Delhi whereby Pannu was engaged as Director of the film. The Agreement refers to Sikka as "Producer" and "the party of the First Part". Pannu is described as "the Other Party" and "party of the second part". The preamble clauses in the Agreement read as under: