SELLAPPAPA KEERAN Vs. S.VIJAYARAGHAVAN

JUDGEMENT

(1.) The plaintiff, wife of a famous Religious preacher and historian Pulavar Keeran seeks a declaration that she is the owner of the Copyright in the works described in the schedule and consequential injunctive reliefs directing the defendants to surrender to the plaintiff all master tapes containing the original recording of the speeches, lectures and discourses of Late Pulavar Keeran, or any other records, Audio Cassettes, Compact Discs or any other media containing a record of the speeches, lectures and discourses of late Pulavar Keeran, restrain the respondents, from reproducing, selling, distributing or broadcasting through radio, internet or any other media or in any manner exploiting the literary works of Pulavar Keeran, a preliminary decree for accounting and for costs.

(2.) The suit is resisted by the defendants contending that the claim of the plaintiff is false. According to the first defendant, he had engaged a Pulavar Keeran, for giving the discourses which were to be recorded by him and commercially exploited. He would claim that he had paid a sum of Rs.2,500.00 for every recording to Pulavar Keeran, and only after payment he used to render the discourses which would be recorded. According to the defendants, Pulavar Keeran, was engaged by the first defendant for the purposes of recording and therefore, he as the producer would be the author of the work concerned and he alone had the copyright to the work and not Pulavar Keeran. It was also contended that the delay in filing the suit itself would demonstrate that either Pulavar Keeran, or his family had no right over the works of Pulavar Keeran. It is also claimed that the suit is barred by limitation.

(3.) On the above pleadings, this Court had framed the following issues for determination: