AARUR TAMILNADAN Vs. S. SANKAR

JUDGEMENT

(1.) The suit is filed by the plaintiff seeking a declaration that he is the first owner of the copyright of the story "Enthiran" which was stolen/pirated from the original story "Jugiba" written and got published in April 1996. The plaintiff also sought for further declaration that the film "Enthiran" is the infringing copy of the plaintiff story "Jugiba" and for a consequential injunction restraining the defendants from distributing, screening and exhibiting, infringing copy namely the feature film "Enthiran". The plaintiff also prayed for direction to the defendants to pay a sum of Rs.1,00,00,000.00 towards damages. He also sought for preliminary decree directing the defendants to render true account of the profit earned by them by infringing the copyright of the plaintiff and for a final decree in favour of plaintiff for the amount of profits thus found to have been earned by the defendants.

(2.) Plaint Averments According to the plaintiff, he is a "Prolific" Tamil writer, who claimed that the plaintiff had written a story about Humanoid Robo "Jugiba" and the same was first published in a Tamil monthly Magazine "Iniya Udayam" during April 1996. The Thumb Nail sketch of the story is as follows:

(3.) In the year 2007, the same group of publishers published the very same novel in the book titled "Thik Thik Theepika", this book was sold in all book stalls and exhibitions. The State Government has also purchased the copies of the book, for its libraries situated throughout the State. Recently, the first defendant in his capacity as a story writer and director has made a film by name "Enthiran" in Tamil and other languages. The film was produced by defendants 2 and 3. The story of "Enthiran" is nothing but the story of "Jugiba" written by the plaintiff and published in the year 1996. It was claimed that after release of the film on 1/10/2010, many friends of the plaintiff informed him that the film "Enthiran" was made based on the story of "Jugiba"" in 1996. It was also claimed that though the story "Jugiba" was published in Tamil monthly magazine "Iniya Udayam" as per the understanding between the plaintiff and the publisher of "Iniya Udayam", the plaintiff is the first owner of the copyright. The story of "Jugiba" is pirated in the film "Enthiran" and the defendants never obtained any permission from the plaintiff. In spite of the knowledge that the plaintiff is the first owner of the copyright of the story, the defendants have illegally stolen the story of the plaintiff and have made a mega film of "Enthiran". The defendants made huge profits by releasing the film "Enthiran" in Tamil and other languages all over the world. The plaintiff is entitled to claim damagers as per the provisions of the Copyright Act. On these pleadings, the plaintiff sought for the above said reliefs.