C.PRAKASH Vs. S.N.MEDIA

JUDGEMENT

(1.) This is an appeal against an order dated April 26, 2021 by which an initial injunction granted in favour of the plaintiff appellant has been vacated at the behest of the first defendant.

(2.) According to the plaintiff, the second and third defendants assigned their copyright as producers of two films by the names of Chingari and Shrikanta in favour of the plaintiff in respect of the Tamil and Malayalam language internet and digital dubbing non-theatrical rights. In other words, the case made out in the plaint is that by similar agreements both dated May 29, 2020 the father and son combine of the second and third defendants, as producers of the Kannada cinematograph films indicated by title in the said agreements, assigned the digital rights therein for the plaintiff to be entitled to digitally release the films dubbed in Tamil and Kannada, but the plaintiff would have no rights to release the films dubbed in Tamil or Kannada in any theatre-hall. The agreements provide for consideration and the plaint asserts that the consideration was duly made over as per the instructions of the said defendants.

(3.) The first defendant has a similar agreement pertaining to film Chingari from the second defendant and pertaining to film Shrikanta from the third defendant. The first defendant claims the documents of assignment to have been executed on July 10, 2020. Admittedly, the first defendant claims as the subsequent assignee of the copyright pertaining to the dubbing and digital release of the two films in Tamil and Kannada. The first defendant also claims to have paid valuable consideration for obtaining such copyright.