S.J. SURYAH Vs. S.S. CHAKRAVARTHY

JUDGEMENT

(1.) This appeal is directed against a judgment and order of February 09, 2021 passed on a perceived copyright infringement action. By the impugned order, the trial court willy-nilly found that no prima facie case has been made out for the issue of any injunction.

(2.) The essential facts appear to be admitted. There is no dispute that the first respondent herein produced a film by name "Vaalee" which was directed by the plaintiff-appellant. According to the appellant, credit for the story, screenplay and dialogue pertaining to film "Vaalee" was also given to the appellant.

(3.) The appellant suggests that irrelevant considerations were taken into account in holding that no prima facie case had been made out by the appellant, despite it being the admitted position that the appellant had been credited with the story as the author of the story and the appellant admittedly being the director of the film. In particular, the appellant says that merely because the appellant could not produce the written agreement with the first respondent herein regarding the appellant having been appointed as the director of the relevant film, the trial court refused to accept the case as made out that the appellant was entitled to exclusively exploit the appellant's copyright in the story, screenplay and dialogue and, to such extent, the rights conferred by the first respondent to the second respondent herein under the so-called remake agreement dated July 09, 2020 were in excess of the rights available to the first respondent as the producer of the relevant film.