RAJ VIDEO VISION Vs. K MOHANAKRISHNAN

JUDGEMENT

(1.) Suit for declaration and injunction.

(2.) The main averments found in the plaint are as follows :-The plaintiff Raj Video Vision a registered partnership firm is carrying on business in the exhibition, exploitation and distribution of motion pictures in all dimensions for commercial and non-commercial exhibition in the entire world. The 1st defendant is the producer of Tamil talkie picture titled 'Pasamalar' in Black and White. The 1st defendant offered the plaintiff the assignment of limited copyright in the exhibition, exploitation and distribution of Tamil talkie picture 'Pasamalar' video rights for Indian territory and T.V. Rights for Sri Lanka for perpetual period. Accordingly, an agreement of assignment was entered into between the plaintiff and the 1st defendant at Madras on 6-1-1988. The consideration was duly paid well at the time of executing the agreement. The 1st defendant confirmed to the plaintiff that they are entitled to enter into lease agreement and that they have not assigned the Indian Video lease rights and Sri Lankan T. V. Rights to any other third party. As per the agreement dated 6-1-1988, the plaintiff is entitled to exploit the picture without any interference. The plaintiff has received a letter dated 10-3-89 from the 2nd defendant claiming that they hold the entire copyright of the Tamil talkie picture 'Pasamalar' and that they have not so far granted the Video rights of the picture to anybody. The letter contains no particulars and it is very vague. The 1st defendant, who is the producer, is entitled to assign the rights. The plaintiff has lawfully acquired the limited copyright and the 2nd defendant has no manner of right to claim the copyright in the said picture. The plaintiff filed this suit for protection of the rights given under Section 55 of the Copyright Act for a declaration of the right as per the agreement dated 6-1-1988 and also for an injunction restraining the defendants from interfering with the plaintiff's copyright in the Tamil talkie picture 'Pasamalar'.

(3.) The main averments found in the written statement are as follows :(a) The 1st defendant could not have offered any of the rights to the plaintiff inasmuch as the 1st defendant themselves were not the owners of the said rights as on date of the alleged agreement dated 6-1-1988. One Mohamed Azam and others acquired the entire absolute and prepetual world Negative Rights of the Tamil talkie picture titled 'Pasamalar' and the right to dub or re-make the picture in all languages except the rights for Hindi language and the rights to produce the picture straight, based on the said story in all other versions and dimensions except in Hindi and of the exploitation thereof and also exploiting the Tamil version in North India subject to the transactions effected by the producer M/s. Rajamani Pictures under the agreement dated 21-7-1961. The 2nd defendant thereafter acquired the sole and exclusive right of exhibition, exploitation and distribution of Tamil talkie (Black and White) Picture 'Pasamalar' for the entire world subject to distribution or lease agreement already in force and as set out in Schedule 'A' of the said agreement for a consideration of Rs. 1,00,000/- from Mohamed Azam representing himself and such tenants-in-common under the agreement dated 22-4-1966 for a period of 15 years. Mohamed Azam and others have notified A.V.M. Laboratory Service, where the negatives were preserved, that the 2nd defendant is the owner of the negatives. They also transferred the negatives in favour of the 2nd defendant. Subsequently, on 22-5-1966 M/s. Mohamed Azam and Company and the tenants-in-common entered into an agreement with the 2nd defendant by which Mohamed Azam and Company has assigned the said right in favour of the 2nd defendant perpetually. By virtue of the said agreement, the 2nd defendant became the sole and absolute owner of the Copyright and also owner of the negatives of the said picture 'Pasamalar' which are lying in the A.V.M. Laboratory. The 2nd defendant has been enjoying the copyright of the said picture such as making the copies of the film, exhibiting the film and also commercialising the film by broadcast such as telecasting and also the video rights of the said picture. The 2nd defendant has got the picture recensored on 20-5-71 and 22-7-81 and obtained necessary censor certificates. The 2nd defendant also commercialised the film by telecasting the songs and also the picture through television without any hindrance whatsoever. The 2nd defendant has also published in the Tamil Daily 'Dina Thanthi' issue dated 7-1-1984 and 17-6-1985 that they are the owners of the negative rights and video rights of the picture 'Pasamalar'. The plaintiff has relied upon the agreement dated 6-1-88 and on the date of the said agreement, the 1st defendant had no right over the said picture 'Pasamalar' since the rights were assigned in favour of M/s. Mohamed Azam and Company. As the plaintiff has no right over the said picture consequently the suit has to be dismissed.