MADHU Vs. RAMESAN

JUDGEMENT

(1.) THAT the plaintiff is the lyricist, and had composed the lyric, is admitted. Ordinarily therefore he should have copyright over that work.

(2.) THE two songs were recorded in the Tharangini Studio at Madras . One about the wind was sung by Chithra. THE other 'in the dawn of Medam' which has to its credit a literary flavour, was sung in subdued tone and in a recognisably melodious voice of Yesudas. (That, at any rate, is my impression. I bought the cassette and heard the song; the parties did not provide the Court with the music or its rendering, as did the parties before the Supreme Court in indian Performing Right Society v. E. I. M. Pictures Association, (1977) 2 S. C. C. 820 ).

(3.) THE plaintiff rushed to the court, to stop release of the film. He chose the wrong court. THE suit instituted in the Munsiff's Court was found to be not maintainable, as the questions relating to violation of rights under the Copy Right Act, could be decided, under the Act, only by the district Court. He withdrew the plaint from that court.